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  • omved
    08-14 07:10 PM
    Hi Friends,

    While filing I 131, I came across this information

    "{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    A. You are in one of the following nonimmigrant categories:

    1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
    2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
    3. A K-3, spouse, or K-4, child of a U.S. citizen; or
    4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"

    My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..

    Should I get H1B stamped in Mexico / Canada / India

    OR

    Should I apply for AP.

    I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.

    I don't know what to do. Any help pls..

    Thanks

    Omved

    1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
    H1b 7th year in extension
    EB 2 - PD April 06





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  • a1b2c3
    05-21 11:54 AM
    please reply in case you need more info





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  • kevinkris
    07-10 05:33 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.





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  • immig4me
    04-19 01:21 PM
    Travel Advisory: Delays Due to Icelandic Volcano Eruption

    (04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

    If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

    1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
    2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.

    Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

    If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )

    While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

    -- from IV advisor Greg Siskind



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  • dixie
    07-03 10:18 AM
    Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
    NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.





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  • apb
    08-08 01:23 PM
    Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.



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  • divakarr
    09-05 10:23 AM
    1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.


    For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.

    Because I got my AP receipt and there is no information for I-485, and AP is based on 485.

    My employer messed up my perm labor two years ago, and i hope it is not this time.





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  • Phat7
    10-20 08:34 AM
    Thanx dessoya ;) you were good, it was tough :)



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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.





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  • sunny1000
    12-07 10:58 AM
    Validation Error(s)
    You must correct the following error(s) before proceeding:

    * Case Status Retrieval Failed
    * This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.

    I have been getting the above message when I try to get a case status online for my I-140.

    I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.

    My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.

    Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated. Thanks in advance



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  • njdude26
    07-02 08:34 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.





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  • Googler
    02-15 12:06 AM
    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.



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  • sammyb
    10-05 04:28 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks


    I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...

    this is just my thoughts .. better you get it verified by your lawer ...





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  • aat0995
    01-15 12:03 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!



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  • needhelp!
    10-22 11:09 AM
    as volunteers for IV booth





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  • sbajaj80
    09-12 02:49 PM
    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.



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  • ArkBird
    12-08 03:50 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...


    We are legal immigrants and most importantly - tax payers, shouldn't that be enough??





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  • kiru_99
    10-30 02:25 PM
    I called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply





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  • shreekhand
    08-17 02:52 PM
    So, the bottom portion of you H1 approval notice (I-797) does not have an I-94 ?

    If not, then doing it in Canada for the first H1 can be a big gamble.





    sukhyani
    12-20 11:13 AM
    Stephen Colbert on comedy central has turned out to be one of the most influential persons in the media. Along with Jon Stewart, Stephen is supposed to be one of the influencers of young minds for the last congressional elections.

    I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.

    A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.

    Here is a thread on comedy central I started on this.
    http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456

    I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.

    Stephen Colbert CERTAINLY is one of the most influential people in American Media. Especially after he made fun of Bush in front of him at White House Correspondents Dinner.

    Man if we (all members of IV) can kick start a debate on legal immigration and direct the debate in a manner that Sen Sessions can be brought to spotlight for his inconsistencies, it would be a major achievement for us. Colbert has been extremely vital in shaping public opinion for democrats this November!

    Excellent Find!





    rajuseattle
    04-27 01:16 PM
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    Fear Mongers are the ones who are relying more on Govt for the social safety net benefits, they dont want to work and enjoy the Govt benefits, at the same time they blast undocumented aliens for using the Govt benefits, its the biggest hypocracy and party of Naysayers is full of these hypocrats who are just riding on "Tea Baggers" in the congress and do nothing about immigration reforms.