Friday, June 24, 2011

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  • dingudi
    03-07 09:42 AM
    Visa stamping interview --> Feb 8th
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    ---------------------------------------
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.

    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.





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  • TEKNMEK
    03-02 10:25 AM
    I sent an email to chennai consulate requesting emergency appointment and they gave me the earliest available date. I had to provide my passport number and return travel date.
    Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.

    I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.

    I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
    So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.

    Just wanted to update all about my experience and thank you for all your help.





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  • paragpujara
    04-04 08:21 PM
    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.





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  • g_singh
    06-22 04:33 PM
    Please let us know what happened? We (H1Bs) are in the same boat. Did you become a member of brokerage firm (LLC).

    Thanks



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  • coolngood4u80
    04-15 10:50 AM
    Hi All,

    There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�

    I can get four people for the call who are in the same boat





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  • validIV
    03-18 12:33 PM
    You have an EAD, so you can file the incorporation or founding of the company yourself. You do not need a partner. As for formation and dissolution fees for the business entity of your choice, you would need to research that by your state.



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  • misha
    07-21 11:08 AM
    Forgot to tell. Regarding my attorney, you can not use AP before it's start date. So you can not travel in August 2008 on AP with start date October 2008.

    Misha





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  • ashwinicool67
    04-29 01:30 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.

    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.



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  • needhelp!
    02-13 10:55 PM
    Thanks to all who responded.





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  • wandmaker
    10-26 10:54 AM
    I am also one of those, who received the EAD while the online case status reads as "Case Received and Pending"



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  • smahwal
    08-05 12:49 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.





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  • bluekayal
    08-21 07:16 PM
    To the red dot distributor

    You said to me:

    "Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."

    These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.



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  • dummgelauft
    07-28 01:08 PM
    In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

    Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

    And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

    I plan to go back regardless of GC.

    It will always be poor. Always corrupt, always overpopulated. There is going to be civil unrest, on the scale of a civil war..just watch. The have nots will eat the "haves" for breakfast, lunch and dinner.





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  • amohale
    03-12 07:52 PM
    Anyone, please respond to my questions below.......... it will be a great help......



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  • vin13
    01-06 03:19 PM
    The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.





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  • cox
    April 3rd, 2005, 04:39 PM
    Okay, I got so much helpful advice on the last one, try this shot!

    I was heading into yosemite just before sunrise and caught the pre-dawn light over Half Dome. But your eye is able to discern a different dynamic range depending on where you focus, so the picture looks different than I saw the scene. For example, the sky is bright and fiery, but I have lost almost all contrast on the mountain itself. Is that a problem from a photgraphic viewpoint? I'm pretty sure it must be, but maybe it's pleasing enough as is, or you all can advise me on some post-processing to spiff it up. All help appreciated :)

    http://www.dphoto.us/forumphotos/data/931/medium/Sunrise_over_Half-Dome_04-01-05_C.jpg (javascript:;)



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  • nagio
    11-08 12:36 PM
    Keep checking the dates. As mentioned in the earlier post, dates were opening just before two weeks. I would not recommend taking emergency appointment unless it is a true emergency.





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  • chanduv23
    05-21 01:14 PM
    Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??

    Carry ur passport and h1b ddocument - DL is not enough





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  • greensignal
    12-31 11:04 AM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    You can use your h1b to work after returning to US on AP.





    ronhira
    10-26 02:34 PM
    Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"

    he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........

    Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)

    & y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?





    digmetalq
    08-21 04:50 AM
    Hi All,
    If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.

    RK

    You are right about to apply for 485 without the PD current. This will help all the people who are bound to their employers and have no option. The law makers are trying to find fraud in employment but they are not finding ways to unshackle the employee from employer.



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