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  • DSLStart
    10-02 08:59 AM
    doesn't matter if H1 is expired and AP is current. You are still good to fly via frankfurt.

    How about coming back fron India to US on AP and expired H-1??





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  • DSLStart
    10-02 09:01 AM
    Or take non stop flights from JFK/EWR for east coast ppl.

    People travelling to India, especially from the West coast should fly via the Pacific. Asian airlines such as Thai, Cathay and Asiana all offer better fares, better service and faster transit times.Plus these countries are not trying to fleece people by requiring that they get a "Direct Airside Transit Visa". It happened with my family when they reached the airport to board their flight on Virgin , they were not allowed.I then bought tickets on Thai for the next day. To compound the pain, Virgin imposed a "No Show" fee on each ticket despite going to the airport. I think it would be best to avoid most European carriers, if for no other reason but they offer higher fares, terrible service, long transit times and last but not the least; the scam of the century(Airport Transit Visas). What do they think the passengers will try to do, jump off the walkway and make a run for it so they can settle illegally in U.K!I think the U.K govt is running out of ways to make money so they have found the most ridiculous way to make a few extra pounds from people foolish enough to travel on one of their carriers! DONT FLY VIA U.K. PERIOD!





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  • GCplease
    03-01 11:26 AM
    Can you please help me with this?...I have already submitted the affidavit copy and now they want it from Registrar office. Has any one got it from registrar office in India? if so, how difficult it is and what is the procedure?

    "A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a city, or

    A photocopy of a birth certificate issued by the Additional District Registrar�s office if the person named above was born in a village.

    If a birth certificate does not list the names of both mother and father, or the child, secondary evidence must be submitted to establish parentage. Secondary evidence includes, but is not limited to , copies of: medical records, school records, census records, government-issues identity cards, religious records and/or affidavits from at least TWO persons alive at the time of birth. The oldest available evidence that lists the names of both parents should be submitted."

    Thank you!

    Yes, you'll have to get it registered.

    It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.





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  • mhathi
    05-13 06:35 PM
    Rongha_2000,

    I tried a preliminary hand at mining the FLC databases. Realized though that another factor missing is EB category. Given all the other variables we have, I think we may not gain much from the exercise.

    Here's my analysis:

    Total number of LC / country: Known

    EB category: Unknown

    Number of dependents per LC: Unknown

    Number of Duplicate LC: Unknown

    Number of LC Subs: Unknown

    Number of people approved: Unknown, but we can guess as you suggested

    Number of people abandoned the process: Unknown

    Given so many unknowns, does not look like we will gain much from this analysis. What do you think?



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  • gjoe
    08-14 03:30 PM
    With due respect, Can you please tell me why it will fail?

    Are you going to go there and ask for more visas or ask them to move the dates forward?





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  • forever_waiting
    05-09 01:31 AM
    If Applicants receive a 221(g) notice with a questionnaire asking about job experience/edcuation backgrond, that is usually "additional administrative processing" associated with TAL (Technology alert check). thsi takes around 30-45 days in most cases. Other 221(g) reasons could be just for employer/document verification (which is what it seems in your case).
    Timelines are varied but in most cases peopel get approval in a month or so. But the wait is nerve-wracking. Just stay positive and be aware that these checks are happening frequently nowadays.
    Once you get your visa and travel back, please join in IV's push to get I485 (3rd stage of green card) filing without current PD. spread the message among your friends/colleagues.
    these kind of issues while visa stamping and also while h1b extensions are the main reason why our situation is so fragile when on H1B. all the more reason to get any admin fixes that will help people stuck without being able to file I485.



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  • Onesimus
    03-31 05:27 AM
    OT : Haha, its hard to win a competition without your friends supporting you :) I'll congratulate the winners in advance :D





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  • piyu7444
    08-19 11:03 PM
    The fear is of USCIS rejecting the secondary application (due to insfficient evidence -wedding certificate)

    My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.

    If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.



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  • sku
    12-26 10:38 AM
    So you mean I should not even think of invoking AC21 EVEN after 180 days ?





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  • GreenMe
    05-09 10:31 AM
    Hi Cobra,

    Don't lose hope. Your will get your approval.

    My wife and I went to India in Jan 2011. We both are on H1 and work for the same employer. My company is a 150+ employee IT firm. We both went separately for our Visa interview to Mumbai Consulate.

    When my wife appeared for Visa stamping, she was asked questions about her job, education and company. After her interview, the consular gave her the 221g form that requested all the employer details (tax returns, audit statements etc. ). So when I reached India, I carried the documents for my wife and similar set for myself. She appeared for the interview again and after reviewing the documents the consular approved her visa. Our immigration lawyer mentioned that it might take 2-3 months - but this was quicker than we initially assumed.

    When I appeared for the Visa India, I was asked questions about my education and how am I on my 7th year of my H1. Once the consular noticed that I have filed GC and the 7th year extension is due to my I-140 approval, she issued me a 221g form and mentioned that my case is taken in administrative processing. They didn't give any turnaround time for the processing. However, I received email from consulate after 4 days to submit my passport and my visa was approved.

    I noticed this has happened with most of the friends I know were visiting India for stamping. And the 221g form is issued to anyone, irrespective of IT or Non IT field, Small or Multi-billion Corporation. A friend of mine who is working in biggest telecom got 221g, another one working for Research Hospital for 221g, then one in a Biotech firm and in Manufacturing firm - all non IT got 221g

    It will take it's course and you should get your approval. All the Best !!!

    Regards,
    GreenMe



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  • gcnirvana
    05-17 04:15 PM
    Gurus,
    I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??

    Thanks in Advance for all your help.





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  • sanjay
    05-26 11:35 PM
    Dude, what are you talking about :confused::confused::confused: Am I missing any comedy here?

    Even I failed to understand the point made by original poster. I sometime doubt we come here for discussing some serious stuff or some comedy circus?



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  • Sakthisagar
    11-15 10:11 AM
    Immigration and education should be two seperate things. NO support to categorize further on immigration, We should take out the country cap. It should be First come first serve basis. with necessary background checks on education and skills.





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  • needhelp!
    01-19 02:22 AM
    Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many

    IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.


    ----------- Please read the above and act ------



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  • gc_on_demand
    08-19 10:17 AM
    Hello there

    YES you can convert into EB2. If I were you and get some offer to convert into Eb2 I would do it. Eb3 is not going to move until Eb2 will become C. and chances are that Eb2 India may become C in next 2 years if same rate labor get approve. If you go on convert route. lets assume that labor takes 18 months and I 140 takes 6 months. that is 24 month it self. Now after 2 years your case can be current but if you stick on Eb3 then after 2 years it will start from 2002. So if your PD is in 2004 then you may need another 2-3 years for that.

    So bottom line is you need to find some one who has job opening in Eb2 and ready to file for you. Which is very rare opportunity in given environment. almost like a winning a lottery with 10k prize.





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  • thomachan72
    11-15 01:22 PM
    Should there not be a separate Green card quota for anyone with a USA Masters Degree in any field?

    If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.

    If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?

    Please support on this thread if you agree.

    My support for those with PhD but not for MS at this point.



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  • saimrathi
    07-11 09:36 PM
    Thanks for bringing this up.. This is a legitimate concern.. Lets just hope this doesn't happen to any of us... Although hope is all we can do for now...:(

    Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.

    We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.

    Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.

    Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .





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  • smuggymba
    03-01 07:57 PM
    Hello Folks,
    I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
    My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.

    Any pointers in this regard will be highly appreciated. Thanks,

    Good job with savings:D

    No, you have already paid tax on it. I've been here since 2004 and have sent 12.5K USD to India and never paid tax.





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  • Ramba
    11-18 07:14 PM
    I must say Ron Rocks! See his post on his forums thread....

    http://immigration-information.com/forums/showpost.php?p=24864&postcount=8

    Hope this will help you to understand this issue further.

    The post by Ron may be reasonable to compare, but it is not very correct. The main important thing is that the occupation classification of new job (onet classification) should be same or similar to old job. The same or similarity determination is based on comparing job descripion/duties of both jobs. The salary of the new job should be equal or more than prevailing wage for that occupation in the same level of orignal one in the area of new job. The prevailing wage can be obtained for a area, and for a level, in DOL web site.

    For example, lets say prevailing wage of a software engineer level 2 in TX is 75K and for Bay area in CA is 120K. If a guy works for fortune 500 in TX and moves to small bussiness in bay area, still he/she has to meet the PW in that area. The AC21 job change from TX to CA should satisfy the PW in CA irrespective of employer size.

    The justification of wage difference based on employer size and profit will not work.





    willIWill
    10-20 12:19 PM
    GC_Wow,

    Why haven't you filed for H1 extn? You need your H1 if you want to bring your future wife inside US. If you have an approved I-140, use it to get a 3 year H1 Extn if not you can get 1 year extn based on labor filing.

    Do not, I mean DO NOT lose your H1 status if you want bring your future wife into US as a dependent.

    WIW





    gcwait2007
    02-29 11:53 AM
    Dear members,

    I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

    I appreciate your help

    You have not mentioned whether your I-140 is still pending.

    If your I-140 was approved already, then you can use AC21 portability.

    If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    The above memo is relevant to I-140 pending situation.



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