Saturday, June 11, 2011

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  • redcard
    05-20 10:39 AM
    and your question is?

    how can she get a Green Card..




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  • sachin76
    11-06 11:20 PM
    Any one with july 3rd recvd date at NEBRASKA recvd AP?

    Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25




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  • terpcurt
    January 1st, 2005, 09:54 AM
    The alien bees are nice, and you can a good setup and not spend $2,000....... I got 2 bees, stands, wired remotes, hard side travel case, umbrellas and a softbox for less than $1,000.




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  • PresidentO
    02-07 01:19 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.

    She cannot get a H1 filed on Mar 31st and start working.

    She has to do

    Long term plan

    (1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.

    Short term plan

    (2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)

    I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.

    Both these will take alteast 3+ months to be processed and issued

    Official transcripts/marksheets sent directly from the institution for ALL higher education.

    If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly

    Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.

    Hope the information overload is enough!



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  • coopheal
    12-01 07:20 PM
    Contributed $100 for Dec.
    Transaction ID: 8P72***********




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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.



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  • rameshnaik
    08-06 08:19 PM
    Yes, I saw a LUD on approved I-140 on 07/13.




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  • gcformeornot
    09-25 03:41 PM
    Hello,

    I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.

    Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?

    1. Can the employer revoke my I-140? YES
    2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
    3. Do I have to invoke AC21 immediately? IMHO YES
    4. What options do I have to keep my current file alive?
    5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation

    Appreciate your response!..



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  • anandrajesh
    01-05 01:41 PM
    This is very risky, if not done correctly.

    Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.

    Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.

    I agree with what Boreal said. Also, you cannot get a H1 B stamping in Canada or MExico, if you change from B1/B2 to H1. You have to go back to ur country of origin to get it stamped.




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  • Cranberry160
    12-02 12:20 PM
    Miamikk,

    I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!


    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!



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  • rockstart
    08-24 10:55 AM
    Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
    So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.


    Can you share your experience on 2 RFE that you received?




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  • pcs
    11-11 08:59 AM
    Great job Bud.... Use local forums to spread the message...



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  • gcdreamer05
    01-03 09:32 AM
    Folks the solution is simple,

    If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).

    If you have stamping on her passport for h4 then no need for AP.

    If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).

    If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.

    I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.




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  • desi3933
    07-05 03:32 PM
    Please note that I joined the H1 employer and later got an H1 transfer approved also.

    Thanks.

    I am little confused now. Did you get another H1/H1 transfer recently.

    Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.

    It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.


    ___________________
    Not a legal advice.



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  • Humhongekamyab
    08-15 01:06 PM
    You might want to change the Title ....not good sign to something more appropriate .... sign of delay.




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  • royjonny
    06-19 01:16 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.



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  • kanshul
    02-01 10:08 AM
    Honestly you are not in very good shape. You can't use AC21 so can't port your GC.

    If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.

    Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.




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  • taureanstud
    01-02 04:11 PM
    Folks,

    Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?

    thanks




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  • kuhelica2000
    08-17 05:31 PM
    My wife had traveled with Emirates via Dubai last year on AO. No issues at all. This year we are thinking for flying Etihad as they are offering better price. Does anyone have any experience with Etihad airlines with AP?




    Sakthisagar
    06-22 12:42 PM
    To my knowledge, You are ok, nothing to worry.

    Present both I-797 present one and the extension durng Visa interview you will get stampled as long as the extension is valid.




    like_watching_paint_dry
    09-12 11:10 AM
    Not anymore...

    EB2 India followed by EB3 India. If we take this "sampling" of information with a mild grain of salt, then it still does tally up with the distribution of the retrogressed dates. EB2 IN is U, EB3 IN is mid April. EB3 RoW is further along down the line.. not many illegals coming under RoW.

    Manny, in your next poll you might want to atleast get the 2002 & before, 2003, 2004 2005, 2006+ PD distribution of EB2 India and 01Apr2001-30Apr2001, rest of EB3 India. I think once those 245(i) illegal buttplugs are out of the way, EB3 IN should move at a good pace. But that may not happen until 2012-2014.



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