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  • ks_ls
    01-14 07:11 AM

    My sister is 33 years of age and appeared for visitor's visa with her 3-year old daughter.

    The visa was denied by the Mumbai consulate. Was asked the following questions:

    1. Why do you want to visit the US? --> Tourism
    2. Who will you travel in the US? --> Brother
    3. Is your husband going with you? -- NO
    4. Husband's salary? ---> upwards of 35 lakhs working with an MNC
    5. How long ? two months
    6. Where will you travel ? ---> DC, NY, Chicago, Disney etc
    7. What's the status of your brother? H1-B
    8. Does he have any children? NO

    Sorry your financial condition is not good..rejected!! Not sure what triggered that comment.

    Now, I am thinking of applying for the visa second time in a month or so. I am not sure why they said your financial condition is not good. Sister tried to show the document but the officer would not look at it.

    The guesswork begins. Next time, I am wondering if I should be the sponsor of her application or show that her husband can sponsor the trip.

    Any advice? Any experiences people have?


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  • GCNirvana007
    03-30 04:01 PM
    Thought pay stubs checkig etc is done during I-140?

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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?

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  • kavita_abb
    10-09 12:18 PM
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!



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  • learning01
    03-28 01:33 PM
    Straight I 485, EAD and AP filing, then aim for 6 months.
    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.

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  • satyasaich
    07-20 06:43 PM
    Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
    I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

    I'll truly appreciate
    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.


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  • kumar1
    12-08 01:23 PM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

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  • glus
    03-07 12:24 PM
    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.


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  • frostrated
    06-21 01:55 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.

    taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.

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  • willgetgc2005
    07-31 10:47 AM

    My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:

    1) Can she change her status to EAD while her H4 extension is pending ?

    2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.

    3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?

    4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)

    Your quick response is appreciated. Thank You.


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  • somegchuh
    06-11 12:49 PM
    I assume you mean "Be prepared for some grilling ....".
    I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

    For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.

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  • satyasrd
    06-14 08:56 AM
    This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.

    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......


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  • fcres
    08-09 10:08 AM
    I thought in one of the recent memos it stated its the date when the application is mailed. I will try to dig it out.

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  • texcan
    02-20 04:10 PM
    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??

    GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
    it has nothing to do with your current job even if it is same job title.

    Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
    LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.

    Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.

    Donot panic about everyting.


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  • knnmbd
    08-29 02:25 PM
    This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

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  • lostinbeta
    10-20 04:02 PM
    Ah, so painter is really the best if you have a tablet, but if you don't have one, then you shouldn't bother????


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  • ahiyer
    09-08 10:47 AM
    I am a little skeptical about how this would work.

    Wont they charge you for International dialing when calling from here?

    lastly, is it legal?

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  • gc_bulgaria
    10-09 04:18 PM

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."

    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.

    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.

    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.

    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.

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  • shan74
    10-23 11:36 AM
    the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days

    any suggestions.

    07-16 10:42 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    Interesting. My Labor says
    14) Education BS,
    Years of experience 3

    15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

    I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

    11-16 06:36 PM
    Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

    Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.

    I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.

    The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.


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