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  • bank_king2003
    09-17 01:30 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks

    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!





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  • NikNikon
    October 23rd, 2005, 09:30 AM
    Sounds good to me. QJ?? Anyone else?

    Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?





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  • vishwak
    11-23 10:59 AM
    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.

    2. Temporary resignation and rejoining - is it really feasible?
    I don't think you need to resign something in particular.
    You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.

    I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Your choice and lets wait for some Guru's answers.





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  • Arjun
    05-05 05:41 PM
    Please do something to change it or try delete/add. :o



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  • GCWhru
    06-24 09:16 AM
    Xgoogle,

    I am in the same boat. I believe you can go ahead and start your full time study, Now I don't think your wife's case is pending based on your work, since you already got your GC.

    Even in the worst case you can sponsor your wife with your GC status. I was kidding my wife that I become UC and sponsor her.





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  • little_willy
    08-15 11:46 PM
    Sent you a PM. Please check. Thanks.

    Folks,

    Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.

    This is my personal view , please ignore if you feel its not right.



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  • orion
    11-07 05:01 PM
    Yes i had also applied OCI for my child about 6 months back and was denied since we parents hold indian citizenship. Does anybody know that registering every 6 months is a must ? Some of my friends have permanentely gone back to India i am not sure what they are doing though since there kids hold US Citizenship. Any infomation on this will be helpful.

    - A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
    - PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.

    Google for references. If you don't find it, I will look up and post it.





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  • meetpravee
    04-04 11:23 PM
    Let us know what you hear from your attorney/friends/forum about this. I am sure a lot of people would be interested in this. I sure am.



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  • centaur
    02-23 09:52 AM
    It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)

    1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.

    From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.

    2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.

    Its frustrating I understand.

    Good luck

    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied





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  • rockstart
    10-05 02:55 PM
    That is a pretty impressive list of advisor's. Thank you IV for the great work.



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  • GCDo
    04-24 12:33 AM
    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.





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  • nairvimal
    06-18 11:20 AM
    -



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  • thepaew
    02-09 11:14 PM
    Hello Pappu

    I have emailed a draft to the chapter leader and have cc'ed the email address below. I have asked a former editor of one of the big dailies to review it and to suggest if other outlets can run with the piece.

    BR

    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference





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  • samcam
    05-19 11:15 AM
    Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

    I have attached a screenshot of the members only forums... Take a look!



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  • eb3retro
    11-18 12:09 AM
    Guys:
    I am currently working through a Consulting company at a client location.
    Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

    I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

    I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

    I appreciate your time and good luck to all to get the GC as soon as possible.

    Thanks

    do u have ur approved i-140?





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  • papajon
    06-19 10:06 AM
    You will get your H1B extended pending appeal on PERM.

    Thank you! So technically, there is nothing for me to worry at this time? Is this correct? I know I am losing time but my priority is not current...



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  • LONGGCQUE
    07-27 10:53 AM
    jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.

    1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
    You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.

    2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.

    These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.

    Good luck





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  • kroy1976
    04-13 08:54 AM
    Hi,

    First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

    I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

    I have a AP, valid through January 2011 and a EAD valid through August 2010.
    Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

    I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

    Any information will be highly appreciated.
    Folowinga are the documents, that I would be carrying:

    a) I 140 approval notice.
    b) I 485 receipt notice.
    c) valid EAD
    d) valid AP
    e) AC21 protability letter from my immegration layer.
    f) I 140 support letter from my new employer.
    g) Offer letter from my new employer.
    h) termination letter from my earlier employer.
    i) Address proof
    j)W2

    Can anyone let me know their expirence if faced similar situation please.





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  • jlt007us
    10-06 06:09 PM
    Don't worry. You will mostly get RFE but not a rejection.

    My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.

    I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.





    ca_immigrant
    01-06 11:58 AM
    Just say "All izz well" and watch out for the bulletin :)

    I agree....
    ALL IZZ WELL...


    I am keeping my hopes high for the month....err..sorry ...year...err sorry decade...
    I mean I am keeping my hopes high for this decade...

    ALL IZZ WELL...





    GMKrishna
    05-04 09:12 PM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

    Synopsis

    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.

    Prologue

    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV�s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.



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