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stuckinindia

10-22 03:13 PM

Hello,
I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
:mad:
Any advise? Can I contact someone to help expedite this process?

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same_old_guy

03-19 05:39 PM

If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

If you are here more that 180 days, you are in serious trouble.

In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.

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dealsnet

08-05 12:50 PM

Why you take lawyer's help for this simple thing. ?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.

My lawyer sent my wife EAD renewal papers to VSC.

Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.


I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?

FedEx trackinh number says it was received at VSC on July 10.


Can anybody shed some light whats going to happen next ?????

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psaxena

01-14 02:16 PM

While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.

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kanshul

01-28 09:57 AM

You should not have any problem. Your status is "AOS" which depends purely on unadjudicated 485 applicaion.

You only need AP if you have to travel to US so you will not ahve any problems.

On the practical side though it is *ALWAYS* advisable to have AP ready in case of an emergency.

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CADude

09-28 04:28 PM

If USCIS are not giving RN in 90 days. How they will give EAD in 90 days or they will give EAD with RN :) All these are to confuse the congress where we are complaining. :mad:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D

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chris

10-23 04:48 PM

I also got an LUD, no idea what it means? May be RFE or Approval or nothing.

You may see approval email soon

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Antonio Trivelin

October 3rd, 2006, 02:07 PM

Hi my friends !!!

Last week i took some photos of this concert, so i will post here some ones ok.

Comments and critics are alwats wellcome !!

Ahh, all photos with my Nikon D70 + 180mm 2.8 Ai Manual Focus ok.
ISO 800 or more.

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lkapildev

04-14 12:02 PM

I got the email today, per email card production ordered on April 12th 2008.

Filing dates as follows:
485 filing date July 27 2007:
485 Notice date Sept 26 2007
I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
Best of luck for you all!!

Wish you a happy indian new year.

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satish_hello

08-22 10:45 AM

Hi All,

Can we follow up case details only with WAC Receipt from NSC.

Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC.

How many people out there?

Thanks

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tom

06-18 03:36 PM

.

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huma

10-07 08:35 AM

I am working under CPT from a university. I am not planning to continue school if i get h1b. My last day to register for classes is Oct 10th. My h1b case in USCIS website days it is received and pending. I filed for premium processing on Sept 23rd, application reached to USCIS on 24th. It will be 15 calender days on Oct 9th. In this case can i work without registering at school after OCT 10th?

I will really appreciate any suggestions.

Thanks in advance.

huma

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ABC of GC

08-27 02:18 PM

Dear new member,

This issues is discussed in very detail in one of the threads recently, so please do your research and find out.

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cache22

01-25 11:06 PM

Please consult a good lawyer
like
OH at immigration-law.com,
Carl Shusterman,
Shela murthy
Rajiv Kanna

Please refer
http://www.murthy.com/485faq.html

I have the extract from the website

Question 4. What is a travel document and do I need it?

......
......

Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.

*****************

I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.

Good luck

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LostInGCProcess

09-01 09:08 PM

I posted this question on another thread but its on page 38-39, so thought I might post as a new thread so that I can get some answer to my concerns...

I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.

I entered the correct info in question 11..which was:

Have you ever before applied for employment auth. form USCIS?
X Yes(if yes, continue below)
I checked yes

which USCIS office?

My answer:

LINCOLN, NE date: 08/14/2007

Should I be worried about this or can I just feel its okay?

Is this something okay?

Please let me know....Thanks.

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davidk

02-16 08:41 AM

Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things



Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


I would appreciate if some could throw some light on this ....

My future is relied on these issues

Thanks
David

Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things



Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


I would appreciate if some could throw some light on this ....

My future is relied on these issues

Thanks
David

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atumalla

11-06 12:46 PM

I got two luds on 140 485 131 765 after FP.

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mdmd10

07-24 04:57 PM

My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.

Yes it is ok for Attorney to sign the papers. Did you authorize them to sign on your behalf?

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Steve Mitchell

June 21st, 2004, 10:14 PM

Although Dphoto has a very active Canon forum, this site is about the image first. Gear at the higher levels is more a matter of personal preference. Nikon has some very strong points. For example ergonomically, the D2H is fantastic. What are the things that enticed you to choose Nikon?

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BMS1

11-03 03:47 PM

Going to Home country may be the best option. COS may take quite long and block applying for H1-B.

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hebbar77

03-15 02:07 PM

my 485 was filed abt 1.5 years back. 140 has been approved for more than 8 months too.
So now if I want to change my job
Using EAD , I know that job duties have to be similar.

How about on H1b transfer? Does the job duties similar requirement hold good?
Also anyone changing job on H1b , if ex-employer withdraws I-140, what kind of RFE does it generate?

Thanks much!

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