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  • me_myself
    01-18 08:18 AM
    Spoke with a lawyer - he said have a letter from my company saying i was training our indian vendor and now returning back to resume work in US. Also have proof/documents that shows my US company exists and a verification letter from them.

    My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?

    Thanks.





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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,

    Right on the money.





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  • retropain
    08-24 06:05 PM
    greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...





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  • Libra
    08-10 07:26 AM
    well said 53885. When ever i ask people to contribute they are saying am being ridiculous, god help them.



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  • jonty_11
    07-05 04:44 PM
    Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
    Man....I dont mean to be rude...but these are times of trial and frustration....





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  • msyedy
    01-25 10:21 AM
    Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to look into issues we are having here, even if contacting them doesn't help, it atleast will not hurt us. i think there are few good ministers in there who can understand our problems, they may not help us with $$ but may be able to help us with their lobbying groups.

    i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.

    Wah Kya sooch hai,

    Congress is not listening to the Citizen Tech lobbyist, It will listen to Indian Ministers to make us Citizens. India wants all its citizens to become america citizens soon, there should be a separate provision for Indians. India wants to kick all the skilled people out of their country.

    How would you think that India could say something like this. You being an indian are saying that your country sucks big time. God forbid you dont your GC, will you suicied.

    Admin Remove this post



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  • LC2002
    10-26 10:51 AM
    Guys,

    Please see my signature. Your AP should have been received by now or on the way. Please note that altough I received AP but USCIS status has not been updated yet.

    Good luck!!





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  • SL%%
    08-25 09:14 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I

    fatjoe,

    There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)

    As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.

    I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.



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  • vvrmurthy
    11-21 05:08 PM
    Hello tdasara,

    I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
    I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
    So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).

    All the best!





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  • bobyal
    05-07 04:09 PM
    Yes i did see a LUD on the uscis website for my 485 a couple of weeks back.

    So i guess the LUD stuff still works irrespective of the "chimps" using "champs".

    Is your case in Texas Service Center??



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  • abhi2001
    02-26 05:35 PM
    Another option here -

    I was on H1B for about 4 years and after that on L1A via a COS for the last 1 year. (total 5 years). Currently I am on L1A with company A.

    If my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1. I assume this is correct.

    - So till the time my H1B is approved can I still be with employer A on L1A visa?
    - Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
    - Parallel to the above company B files my GC.

    Can this be done?

    Thanks for all the help.





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  • gnrajagopal
    08-19 02:16 AM
    Your concern seems valid.
    gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
    I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.

    Spoke to a friend of mine. He said he recieved his 140 approval but till this date the system shows that the case is pending. I will probably call uscis tomorrow.

    Does anybody know the easiest way to reach a customer service rep at NSC?



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  • vishwak
    10-11 09:07 AM
    Better Luck in December bulletin for EB2 and Hope Eb3 will move forward too.

    All the best to all waiting for GC like me.





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  • rkumar18
    07-09 10:14 AM
    If you search...you will find more of these ads!




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    or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.



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  • TexDBoy
    02-06 03:32 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik

    Hi Kaushik,

    Are you filing an H1B Amendment to reflect your new position





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  • fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.



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  • anilsal
    11-22 10:04 AM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)





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  • ak_2006
    07-08 04:38 PM
    If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.





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  • pointlesswait
    09-26 12:42 PM
    i dont think changing lawyers will prevnt USCIS from auditing/reviewing your case... but will your lawyer release all the required documents to your new lawyer.???

    anyway best of luck!

    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.





    masterji
    01-20 05:34 PM
    How can withdraw my H1B visa application from New Delhi embassy? I came back to US with AP and my application is pending in Delhi.





    pcs
    04-28 07:54 PM
    Guys please call your friends



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