Wednesday, June 29, 2011

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  • mnq1979
    12-18 10:33 AM

    I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.

    please help!!

    My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!

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  • validIV
    02-03 09:54 AM
    I am assuming your wife is H4? H4 to F1 shouldnt be a problem, this is the same path I took years ago before becoming H1.

    There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.

    Good luck.

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  • Macaca
    09-07 02:41 PM
    There exist
    very wise
    very silent
    IV members

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  • neeidd
    07-14 06:28 PM
    bumping again :(


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  • guyinus
    08-30 05:36 PM

    My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
    My query:
    1. Do I have time until 2009 (mar) for filing the Labor?
    2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?

    Thanks in advance

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  • chanduv23
    03-31 06:58 PM
    It will be great of someone can record and post it on youtube.


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    12-05 03:51 PM
    Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
    If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.

    So if your current employer is making a profit => your prevailing wage then
    you are good.

    This is what my lawyer told talk to yours

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  • pappu
    08-23 12:04 PM
    /\/\/\ bump


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  • Hrithik
    01-21 12:07 AM

    I am quite frustrated with my present situation. Here's my sad story:

    I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(

    Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(

    Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.

    I am planning to quit the company B and join company C.

    Here are my questions:

    1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?

    2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?

    I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)

    Please help me !!


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  • e3visa
    05-04 09:08 PM
    There is no requirement that states your employer has to buy your return aeroplane ticket. Hopefully you will be able to find another position.


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  • gondalguru
    07-08 08:16 PM
    Depends on whether your I-140 is approved or still pending.

    Here what I think.

    Lets assume your I-140 is approved.

    Remember GC is based on future employment.

    Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.

    Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.

    my 2 cents.

    This is my personal opinion and Its always better to get an advise from a good immigration lawyer.

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  • kilubilu46
    07-24 10:20 PM
    Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?


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  • seekinggc
    06-19 02:35 PM
    Please reply...I would really appreciate your response guys...

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  • rajenk
    10-10 04:46 PM
    Carry all docs relevant to your current employment. Listing some.

    1. EAD/H1B petition original
    2. Employment letter from your current employer
    3. If your current employer had filed/started GC process, then those document copies

    You should be fine. When entering just answer the IO aptly. One common question is

    1. Purpose of your visit?
    2. Whom you are working for? <Be honest, tell them your current employer if asked>

    If you are traveling on AP with family the above questions will be asked only to the primary person, they don't question others who are traveling with you.


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  • BNB326
    08-20 10:11 PM
    Any other option available in this condition.

    Thank you

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  • fromnaija
    12-16 12:10 PM
    Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?


    No, you don't have to go out of the US. File I-539 including documents from school.


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  • pappu
    02-08 10:27 AM
    Thanks for letting me know. I think paskal is in India now. Anyways we had a very small window of time to seek someone quickly. I have found one member willing to reveal his name and give the interview. The information is forwarded to the reporter. The reporter has to quickly do a story so that should be all for now. In case the reporter needs any more members, I will open this thread. Otherwise the thread will remain closed.
    Thanks everyone.

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  • gregspirited
    08-19 09:17 PM
    I thought labor cert is tied to a specific position and once I change my profile completely (say from software engineer to product management) I need to re-apply PERM eventhough I work for the same company.

    Any thoughts?

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  • small2006
    11-10 02:14 PM
    :) One of my fav movies of all time.

    08-29 09:33 PM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:

    Blog Feeds
    09-18 10:20 AM
    Attorney Eugenia Ponce recently wrote a blog post here ( cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:

    Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR&rsquo;s intent was not to return to the U.S. within a relatively short period of time.

    Factors DHS could consider in evaluating the LPR&rsquo;s intent include:

    Whether the trip abroad is lengthy or for a short period of time;
    LPR&rsquo;s family ties in the U.S.;
    property holding in the U.S.;
    business affiliations within the U.S.;
    LPR&rsquo;s family, property, and business ties in the foreign country.

    After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:

    What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.

    More... (

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