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  • cdeneo
    01-05 04:44 PM
    I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

    Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....





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  • cdeneo
    01-05 03:56 PM
    Hi there,

    I need your advise - have an issue with travel back to the US.

    My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

    I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

    Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

    I would really appreaciate any advise you can provide to my query. Thanks!





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  • natrajs
    03-12 05:33 PM
    M.B.A is always good no matter whether you are on H1B and or on GC, It is good for the career growth.

    I have a MS and doing my MBA in finance and I am in IT, so if there is an opportunity take it and go for it

    Good Luck and Best Wishes





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  • abhi_jais
    12-03 11:35 PM
    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

    In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

    Let's see hoping for the best.



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  • raysaikat
    05-04 03:41 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    -

    1. File a report with your local police station. Get a copy of the report number, etc., and keep it for future reference.

    2. Inform the Indian consulate. They should be able to give him a new passport.

    For the rest, my *guess* is that you need to get in touch with the local USCIS office, or the airport immigration in order to get a copy of his I-94, and next time he has to go to US consulate in India (home country) for a new visa stamp.





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  • martinvisalaw
    02-16 04:41 PM
    The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.



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  • tabletpc
    11-19 05:55 PM
    Thanks everyone...

    At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
    I had used the same website earlier but never had to lose patience like this time.

    Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.

    Here are the tips while using the online appointment.

    1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.

    2. Use IE only and make sure you enable pop ups for the vfs website.

    3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.

    Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)

    Hope this helps �





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  • GCwaitforever
    07-12 08:41 AM
    I expected Rep. Ed Royce to come hard on Labor Secretary Elaine Chao to improve performance of USCIS, taking your question as a cue. Thats what I would expect from a true leader. Not any circumvoluted responses.

    Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.

    After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.



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  • at0474
    12-14 02:03 PM
    Sorry to say this is gone case. Try exploring the option of filing another I-140with the other approved labor you have. Also, make sure that labor has provisions to make your new I-140 approvable. Otherwise, you will be hitting against the wall twice!!





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  • rajeev_74
    12-02 12:52 AM
    Are you EB3?



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  • god_bless_you
    03-15 11:20 AM
    http://www.immigrationportal.com/showthread.php?t=207073





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  • senk1s
    06-19 12:05 PM
    A quick question:
    I just have the FRONT side copy of the EAD stored.
    Why do we need the BACK side of the copy?

    Responses will be appreciated.

    It is mentioned specifically in the 765 instructions ... see on Pg 6

    http://www.uscis.gov/files/form/I-765instr.pdf



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  • theoyilma
    09-10 01:01 PM
    Thanks sbmallik

    If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.

    Thanks again!!

    Theo





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  • chanduv23
    09-14 06:53 AM
    LETS ALL STAND UP AND CHEER THE MOMENT - THE RALLY AND SURROUNDING EVENTS HAS OFFICIALLY BEGUN.

    FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.

    IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS

    A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.



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  • svn
    04-07 07:06 PM
    After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

    I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.





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  • bskrishna
    08-10 11:02 PM
    PD may 23 06



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  • vish77
    08-01 08:57 PM
    My wife's federal loan got approved with expired I94 stamped as parole





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  • Canadianindian
    07-22 05:33 PM
    You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

    Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

    OR

    You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.


    Thanks for your response. I am in consulting, and we generally travel.
    One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.

    Did you come across such option.





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  • Leo07
    02-17 04:06 PM
    Upgrade is any day a better option.

    But, given your Dec 2001 PD the number of EB3 applications before you is less than 1100.
    Source:http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    I'm thinking that you'd get your GC before your EB2 PERM can get cleared.

    My 2 cents...





    hianupam
    11-17 06:35 AM
    Yep - got mine 2 months back. Docs to carry

    - Original social security card.
    - Original EAD card
    - The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
    - Passport and I-94 (They did not check this) I took it just in case
    - Cash - 25$

    You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.

    Let me know if you need further details.

    Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?





    Wish_Good
    06-30 01:08 PM
    Hi,

    I just checked online.. my status is showing follwoing message:
    (This I-485 was a denied case earlier. But suddenly they Transferred my case in last month and now I see this status today).

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on June 29, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    Can someone please shed some light on this.



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