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  • SeanDell
    05-28 05:37 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.





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  • eblues
    09-09 07:44 PM
    Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.

    I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).

    On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.

    My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.

    If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.

    Thank you everyone,
    Pierluigi





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  • immilaw
    09-18 04:13 PM
    If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..

    As of now you are EB3

    Correct me guys if i am wrong

    H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.





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  • rajabeta
    08-02 04:35 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.



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  • sanan
    06-04 09:11 PM
    What is your PD and category?
    I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?

    Thank you.

    delhis





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  • redcard
    08-20 09:22 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?

    You have been current for a long time based on your profile.. did you check what is the status of your I485 application



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  • rajuram
    01-10 02:04 AM
    When will USCIS process my 485 case? - this sounds familiar, I have asking this question for the last seven years, are we not all asking this......





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  • kalparikh
    11-16 08:23 AM
    Normally,

    1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
    2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
    3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.

    They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.

    god bless.

    KP

    Guys:
    I am currently working through a Consulting company at a client location.
    Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

    I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

    I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

    I appreciate your time and good luck to all to get the GC as soon as possible.

    Thanks



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  • needinfo80
    09-11 10:21 AM
    Hi Chirupally,

    I had similar RFE where USCIS wanted doctor's original signature.
    Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
    Did your doctor sign the form with new date?
    Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.





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  • gc_on_demand
    05-01 12:05 PM
    1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

    2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.

    Correct .. I am in same situation..



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  • kumarc123
    03-03 12:07 PM
    Hello there,
    This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.


    Thank you





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  • krishna_brc
    02-23 11:37 AM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.

    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    "http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna



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  • santa123
    06-07 05:43 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:





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  • ag11
    09-04 04:14 PM
    I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.

    Same exact case. Just give as much detailed info as you can. Do not leave any room for any ambiguity that would confuse USCIS. Remember it is only high school level staff that is accessing your case. So they don't go by logic. Dum it down to their level. Worst case according to my lawyer is that they may give a restrictive judgement for only for the period of contract or come up with an additional RFE with more details on the additional vendor.

    Please make sure your response is as comprehensive as possible. I just went through this and am waiting for a reply.

    In any case, it is always good to be prepared for the worst case scenario. Just remember that we are very qualified and smart professionals and will continue to make progress no matter where we go



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  • STAmisha
    04-09 05:43 PM
    http://finance.yahoo.com/how-to-guide/real-estate/12819

    http://finance.yahoo.com/how-to-guide/real-estate/12822

    http://finance.yahoo.com/how-to-guide/loans/12821





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  • GC_LOOKIN
    09-12 12:56 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.

    this sounds encouraging:) hopefully we will get receipts soon



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  • gc_hopful
    06-04 04:06 PM
    Hi,
    My status on the DOL website shows 'CERTIFIED'. How long after status 'certified' will the attorney get hard copy of the approval notice so we can proceed wth I-140. It has been almost 1 and 1/2 weeks since I saw my status as certified.
    Also, how soon after applying I-485 can we travel abroad.

    Thanks in advance.
    GC_HOPFUL





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  • karthkc
    07-17 03:49 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?

    When you started using EAD, did you file for AC21? If you did not or don't know what AC21 is, you will want to talk to your attorney.





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  • HopeSprings
    09-01 06:19 PM
    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

    I really for your help in Advance.


    Thanks,
    Lotus

    Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.





    kumkum
    08-03 10:43 AM
    Long ago received this mail from pnp office
    AINP US Visa Holder Category Applicants

    Priority processing will be given to those who have a job offer from an Alberta Employer.

    If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here

    A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.

    Download our Websites for Alberta Job Seekers document to assist you in finding a job in Alberta.

    Few days ago Again i got one mail like below

    RECEIPT OF ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) APPLICATION



    Candidate Name: xxxxxxxxxxxxxxxxxx
    Candidate File Number: xxxx-xx-xxxx


    Thank you for applying to the Alberta Immigrant Nominee Program (AINP). This is to confirm receipt of the AINP application for the abovementioned on July 31, 2009. Please visit Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html) for our most current processing times.

    During our assessment, an applicant or their authorized representative will only be contacted by our office if we require additional information. Please do not call to inquire about the status of the application as this will increase our processing times. If you wish to add information to the application, or change information already submitted, you may mail or fax the information to:

    Alberta Immigrant Nominee Program
    Suite 940 , Telus Plaza North Tower
    10025 Jasper Avenue
    Edmonton , Alberta T5J 1S6 Canada

    Fax: (780) 427-6560

    can some one help me whether i am in or not?





    yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.



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