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  • shruthii_1210@yahoo.com
    09-30 12:07 PM
    Hi,
    I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).

    Now i have the following questions.

    1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?

    2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?

    3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?

    4) I cannot get the LC copy also from my employer if at all i want ti use ac21?

    Advance Thanks for your replies ...

    Thanks
    karthik





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  • franklin
    06-06 05:30 PM
    Are these all the ppl who voted out of 10k members
    /\ /\

    Mainly because a different poll was started before, that only included India and no other countries. I imagine people didn't want to vote in 2 polls.





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  • number30
    06-29 03:45 PM
    Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".

    What are my options. Can you guys suggest where I can buy the insurance from.

    Talk to some senior guy in Humana. They have three templates. One of them has International Coverage in it. I had this problem in 2005. I was able to get the letter after talking his supervisor.





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  • manand24
    08-03 12:20 PM
    After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

    On this status you have 2 options to be able to work:
    1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
    Please note that if you use EAD, you HAVE TO use AP for travel.

    2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

    You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.


    Good luck

    From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.



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  • gimme_GC2006
    04-13 01:13 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks
    just search on this site..this is discussed almost every week.





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  • windingroad
    04-07 04:56 PM
    My understanding is that one needs a US degree for stamping in Canada.
    Is that still the case ?



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  • cheg
    09-26 02:39 PM
    Congratulations!!! Yes, GC still sucks so good luck to us all! :D





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  • CADude
    07-26 05:39 PM
    TSC did hard work in last 3 weeks of June to exhaust the visa#. Did 9 months of work(66K approval) in just 3 weeks(60K approval)? Now they are in USCIS paid vacation for whole summer for good work. :) They will back on Oct and issue the receipt notice for july filers. now they know their potential :D so have patience. :cool:

    I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....



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  • seeniraj
    03-20 10:47 PM
    Do you know the reason for the 140 denial ?





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  • hpandey
    06-19 10:29 AM
    Before answering something like this, you should know what you are answering.

    I think you should explain what you are saying . going back to your previous posts you don't seem to be a particularly well mannered individual.

    I tried to help the guy best to my ability and I said what I believe to be true. If you can prove that I said something wrong then you should say that with appropriate links.

    I don't see any harm helping others who are trying to walk on the same path of immigration as we did legally.



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  • hasil
    09-28 05:54 PM
    From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.

    Best bet is to try to workout something with you present company.





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  • Lisap
    08-27 06:19 PM
    I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....



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  • insbaby
    11-12 07:56 PM
    The site appears to be latest. And here is the content

    ------------------------------------------------------
    Who Can Apply in Mexico

    * Applicants seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if the initial visa was issued in the applicant's home country or at one of the border posts in the past few years.

    I guess, if your first visa was issued in the home country, you should be ok to renew before it expires

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States. Every effort will be made to expedite these procedures; however, it is not possible to guarantee completion of this process by a particular date.

    PIMS !!!

    ------------------------------------------------------

    Who Cannot Apply in Mexico:

    * Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
    * Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category

    I guess, this may be the visas expired, continuing on valid I-797 and trying to get new visa on the same category, I am not sure, difficult to interpret

    * Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.

    I guess, if you change from F to H, you may be in this category, I am not sure, difficult to interpret

    * Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
    * Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
    * Applicants who obtained their current visa in a country other than that of their legal residence.
    * PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.

    *TCN Visa Renewals– Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days in Mexico while their visa is being processed.
    ------------------------------------------------------





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  • easygoer
    05-15 11:31 AM
    sr225,

    Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2



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  • innervoice
    01-10 05:57 PM
    My son I-485 application got rejected in Sept 07 and the I resubmitted the application in Oct 07 with correct fees, Check got cleared in Dec 07 and received FP notice with appointment due date in Jan 08, but haven't got my I-485 receipt yet, I talked to customer service and she said it showing the application is rejected on Sep 07, and she will made further inquiry and let me know through email. This thing really scared me, Can someone please shed on light on this.





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  • loudobbs
    09-25 01:09 PM
    My PD is Aug 2003 EB2 so it is current now..

    How do I check if name check has cleared??




    Having 3 days left for your date to be current does not mean much if you are thinking of getting your GC on oct 1. Not everyone gets the GC as soon as the dates get current. Ask people whose dates became current in June. Have you also checked if your name check is cleared?



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  • EkAurAaya
    10-18 06:02 PM
    And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.

    For them

    immigration = "amnesty"

    :D





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  • Raj Iyer
    09-13 12:13 PM
    Hi:
    IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?





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  • pd052009
    09-13 02:55 PM
    I think your postings in EB3-EB2 discussions made you infamous.





    Gigantic697
    10-12 01:29 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest





    sush
    07-30 07:48 PM
    EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.



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