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  • HRPRO
    05-04 01:26 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks

    You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.

    HRP





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  • gcformeornot
    05-27 06:37 PM
    for Paper filing as there no FP in required.
    I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.





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  • oliTwist
    01-22 01:42 PM
    Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.

    So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.

    Its same for every bank in India.





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  • willigetagc
    07-17 09:29 AM
    Not entirely accurate. H visas have dual intent. You can tell them you will go on H1 and eventually get a GC and citizenship and the consulate cant do a thing. But if you are going for a tourist visa, then they will deny it. (But dont go and actually try saying something like that... you never know)

    Secondly, in the past filing LC was not proof of Immigration intent. It was I-140. I dont know what it is with PERM. But look at it this way, the first GC related document that reaches USCIS with your signature and name is the actual proof of intent. I wonder if that is still your I-140 application.



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  • chintals
    11-05 06:29 PM
    No FP yet!





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  • rti25
    11-15 10:06 AM
    Thank you guys all for your response.

    as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.

    thank you all



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  • karthiknv143
    07-09 04:03 PM
    ^^^





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  • patiently_waiting
    06-17 06:09 PM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks



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  • piyu7444
    03-18 03:41 AM
    My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    Here is brief history.
    My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
    1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
    2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
    3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
    4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
    7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
    I am really concerned about the interview. Please let me know what you know about this.

    I have described what to prepare and details can be found at
    http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444

    Thanks.

    I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)





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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.



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  • RenaissanceGirl
    10-21 02:52 PM
    Oh, we have a Giants fan here eh? Boo! :P

    I'm just kidding - I really don't care who wins either way - but I do live in Anaheim, so I'm forced to hear about the Angels this and the Angels that from everyone.





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  • transpass
    08-02 06:00 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...



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  • patiently_waiting
    06-18 07:17 AM
    Thanks for your reply.





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  • willigetgc?
    12-03 09:36 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............



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  • jsb
    10-30 12:13 PM
    ^^^^^^bump^^^^^

    Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?





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  • pooja_34
    10-17 09:33 PM
    We never had to tell the IO to do anything. They knew what to do.

    But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.

    But we never had that problem to deal with.

    Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?

    pooja_34
    Junior Member

    Join Date: Dec 2006
    Posts: 14


    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.



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  • s_r_e_e
    11-26 05:29 PM
    congrats..

    I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'





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  • dhesha
    08-28 02:07 PM
    IV member Venkat80 posted this mail but has removed it for some reason.

    For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..





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  • msp1976
    02-26 04:20 PM
    can she accept fellowship on H4?

    I doubt it...Ask the school the question...Schools nowadays have dedicated international students services....
    Any type of work is not acceptable on H4...Fellowship would constitute work..Wouldn't it ???....





    mzdial
    January 20th, 2004, 11:48 PM
    What was your shutter speed? I downloaded the image, but all I saw in the exif was some Mac Photoshop CS info..

    I'm guessing stopping down that lens (like f/8-11) will probably yield you the best results on that 75-300. I've heard that it's soft on the long end too. Obviously with the available light, your shutter speed is going to have to figured from metering. You said it was sunrise, so I'm guessing your shutter speed was determining how much you could stop down, without needing a tripod and/or having the geese blur cause of motion.

    If the 300D's AF is similar to the 10D, it's not the quickest. Don't touch a 1D or you will long to upgrade. :-)





    kbsyed61
    04-07 05:35 PM
    Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

    My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.



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