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sundarpn
01-02 06:33 PM
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?



I have the same question and a few more:

I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).

So what are the problems/implications becasue of this? Are we still on H1b status?

Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?

In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?

I understand that these are very low level questions and better to consult an attrorney etc.
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gc_chahiye
08-14 06:18 PM
Hi,

Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

Regards
ZooZee

yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.
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JazzByTheBay
09-14 10:06 AM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

cheers, and see ya'll in DC!
jazz
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vxg
12-31 01:57 PM
See my answers. WE just came back on AP, no issues.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

Your help is greatly appericated.

Thank you.
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texanguy
01-20 02:44 PM
"recent forum posts" block truncates the subject matter. old site had all of them on one side, they were complete and it really looked good.
otherwise, the site looks good.

it is going to be a little hard to get used to this new look. afterall, the old site had a background color which was very unique. That stood it apart from other sites.

oh well, the CHANGE has finally come to IV's site as well...I for one, am planning to embrace it :cool:
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glus
11-12 10:16 AM
Hi,
I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.
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ujjvalkoul
01-30 06:04 PM
in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....

We are looking at a big mess folks...

-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
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pranju
08-03 10:11 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
There you go...)
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immigrationvoice25
01-24 12:26 PM
Sudha -
I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.

You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members

http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html


Best of luck!
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eb2dec2005
10-28 10:25 AM
hi,

Can somebody reply to my earlier question reagarding AC21?
Appreciate your replies.

Thanks
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dan19
11-07 02:13 PM
Thanks Chandu...
Never knew somebody had compiled such a large list!!!


look at www.h1bmates.com
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ashkam
02-25 11:04 AM
Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.
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jax999
01-29 05:18 PM
Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

Please reply soon . I really appriciate you . Thank You.
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j751
10-24 01:41 PM
BTW what does Murthy charge?
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martinvisalaw
10-22 03:27 PM
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.

Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
No, thankfully, because she can't

Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?

You need to check the consulate requirements on this. They vary widely, and change frequently.
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hinvin66
05-05 04:44 PM
Rental income, stock dividends and interest are allowed under passive income. Passive income is allowed for H1-B (I had/have a rental property in a different state in the US, while I was still on H1B. It's a different matter that I am an EAD now...)

Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.

If it's confirmed to be passive - go ahead and make money.
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vedicman
05-06 11:24 AM
Bring it on PA, UT, TX (although backing away)
The more the merrier! This certainly will bring the debates nationally all the time.
More # of states want to pile on, Fed has to step in - with a ferocious appetite :D
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shar533
04-30 12:38 PM
Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.
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h14life
06-19 03:33 PM
Hi,

I am posting this on my friend's behalf. Here's his situation:

a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.

Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

Please let me know if it's possible to add the dependent regardless of PD being current or not.

Thanks in advance.
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gcwait2007
12-21 08:23 PM
Friends,

I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

I look forward for your advice,

Thanks in advance
---





ragz4u
01-25 11:53 AM
What is lobbying and is it legal?
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

What has lobbying got to do with the Immigration Bill?

As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

This markup already seems to contain the provisions we need, what are we still worried about?

If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
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