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  • bank_king2003
    09-17 01:30 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks

    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!





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  • Robert Kumar
    03-08 11:47 AM
    my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry

    any ideas whats next for him.
    does he need to apply for a new H1B or can any lawyer help him convince.

    Why do u think his H1B got cancelled. Pls share.





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  • chanduv23
    12-18 09:46 PM
    The chat is on now





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  • 3ZS
    May 12th, 2006, 09:05 PM
    Chalk this up to user error. Not sure exactly wat I did but I reset the camera and now it is working like I would expect. Like I said...I was new to SLR :D

    Thqnks for the reply...whats interesting is today I called 2 different camera places by me and pretended I was interested in the same kit I have and BOTH told me that the 70s camera body supports the sigma lens' I have - In fact they were putting together a package that included the very seme lens'

    Im new to digital SLR's ...but I would think based on this info I have a bad camera body

    Came to US on L1.Can I work on my H1 approved petition [Archive] - Immigration Voice

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  • daramesh
    10-07 12:49 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.


    waitintoolong, but the question is
    " "Are you applying for same visa class that expired in the last 12 months?"

    he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?

    my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)

    can you or someone else confirm the answer? has anyone asked VFS/consulate about this?

    thanks





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  • vicks_don
    12-14 02:21 PM
    Where can we find information for e filing EAD/AP Renewals ?



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  • gc28262
    04-28 09:12 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.





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  • ksrk
    06-02 07:01 PM
    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali

    Sorry Murali, I wasn't clear in my earlier post.

    1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
    2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
    3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.

    Hope this clarifies my earlier post - sorry for the confusion.



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  • Miya Maqbool
    08-16 05:20 PM
    Howdy fellow Aliens,

    My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.

    Hi,
    When did you file the I 485 and EAd application for your wife..what ws your PD?
    Thanks





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  • mohitb272
    03-20 06:25 PM
    Anyone???



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  • maverick6993
    09-01 02:49 PM
    You should be ok to come back with an AP.





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  • rajeshiv
    07-13 12:05 AM
    what case are you talking about ... is it H1 or 485?

    -RR



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  • pappu
    06-05 11:43 AM
    If you plan it right, you should not have problems.
    - have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.





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  • lostinbeta
    10-16 01:10 PM
    FF7!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!1

    Anwho.... Excellent pic Kit....most excellent indeed.

    I actually thought the graphics were just flat out astounding considering the time it came out (1997?).

    I think everyone rocked! Well Yuffie kind of annoyed me, but she was a good fighter...so it worked out.



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  • Jaime
    02-03 04:56 PM
    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
    For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!

    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?





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  • dagu1234
    06-08 03:02 AM
    did you provide social security number? temporary license can be issued only if you do not provide social security number.



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  • tonyHK12
    11-17 10:40 AM
    DREAM Act should actually be called DREAM ON Act... .

    anybody heard Aerosmith 'Dream on'? seems appropriate

    "
    Half my life
    is in books' written pages
    Lived and learned from fools and
    from sages
    You know it's true
    All the things come back to you
    ....
    Sing with me, sing for the year
    Sing for the laughter, sing for the tears
    Sing with me, if it's just for today
    Maybe tomorrow, the good lord will take you away
    ....
    ...
    Dream On Dream On Dream On
    Dream until your dreams come true
    Dream On Dream On Dream On
    Dream until your dream comes through
    Dream On Dream On Dream On
    Dream On Dream On
    Dream On Dream On "





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  • Dhundhun
    03-30 12:42 AM
    Read AVR rules.

    http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.





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  • raghav235
    06-17 06:47 PM
    As per the information that I have http://www.wynnandwynn.com/biography/miller.html
    is the reasonable attorney. I have contacted him about the AC21 and looks good to me. He wants me to send all the necessary documents for further review. I am planning to invoke my AC21 in the month of august where my current and new job falls under similar criteria.

    Friends please share the information about any other good immigration attorneys in Boston Area.

    Thanks


    Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.

    Thanks





    msadiqali
    06-19 06:40 PM
    http://informationclearinghouse.info/article22856.htm





    krishmunn
    03-02 09:21 PM
    Who is the lawyer ? Our company lawyer's paralegal never replies back , forget about any communication from lawyer himself.



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