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  • desidas
    02-01 01:49 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

    --------------------------------------------------------------------------------

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.





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  • mpadapa
    10-12 01:35 PM
    ..





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  • waitingnwaiting
    05-31 11:08 AM
    EB3 is not working, because we have no hope, not because we all went back or have ported.

    Say only EB3 India. not whole EB3. EB3 ROW have no problems.
    If EB3 India have no hope then why do they visit forums, check visa bulletin every month, ask questions if something is going to happen?

    Should they be stoppoing it and forgetting greencard if they have no hope?

    EB3 are doing on the oppsosite because they have hope. So do not lie to yourself and use it an excuse to not do anything.





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  • eb3India
    10-17 02:25 PM
    Well my story isn't really as bad some of the stories described here but the last 4 years of waiting for the freaking LC to clear has pretty much screwed up my wife's career. There have been days of utter frustration, fight and bad days for us because of the "dependent" visa.

    Its not like my job is great either. I am stuck in the same position for the last 5 years because of the freaking labor certification. Looks like I will be stuck for another couple of years. If I bail out now and leave for India it will be hard to find a suitable position because I have been unable to move up because of GC and at the same time my wife will have the impossible task of finding a job after 4 years of unemployment.

    For this reason I am wiling to gamble at least another year or two, so that my wife can work and I can get a better job and then we can start thinking about where we really want to settle :) Gosh, never knew trying to settle in US with a GC will be so unsettling :(

    Gar Gar ki yahi kahani, ( it's typical story for any immigrant family),

    main issue for us now we had invested so much time on this f** GC, we can't bail out now, feel like we are so close,

    for myself I don't have that much energy left in me to go back to start allover in India, worest case scenario I just want to stay couple of more years and save as much as possible and go back to India for semi/retirement



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  • karan2004m
    09-06 11:40 AM
    i have to travel India this month and returning US in oct on AP. What will be the validity of I-94 i am gonna get? AP expires in Jan 2008.

    And what will happen if this i-94 on AP gets expired. Do i need to leave the country?

    Here is the relevant info from USCIS site (I-131 instructions)

    Link (http://www.uscis.gov/files/form/I-131instr.pdf)

    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.


    _____________________________________
    Proud Indian American and Legal Immigrant





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  • eb3retro
    10-14 11:09 AM
    this whole thing sucks. USCIS cannot adjudicate even I-131 on time. We have booked our travel tickets after 100 days of Received date of AP renewal application and looks like we have to cancel our tickets and waste $1800. This really blows and its attrocity to the core that USCIS cannot process AP renewals inside 90 days time period and its a shame that they are not answerable to anyone.

    Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.



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  • Dhundhun
    06-24 01:27 AM
    When I applied for EAD and AP (paper filed) my attorney advised to make checks payable to “U.S. Department of Homeland Security”.

    There has been time check used to be payable to:
    U.S. Department of Homeland Security - USCIS

    Now at some places it is shortened to:
    U.S. Department of Homeland Security

    And at other places it is shortened to:
    USCIS

    I think, they are interchangeable.

    On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    It does not talk about putting US in front of Department of Homeland Security. Going exactly by USCIS instructions, lawyer did mistake - but it is OK
    Correction: Instruction says U.S. Department of Homeland Security, but over-riding information is above.





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  • aadimanav
    08-17 09:14 AM
    I got a reply for these letters from my local Senator. She just said thank you for expressing my opinion about this bill and she gave me the latest status on it.

    Thanks.

    Who is your local Senator?



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  • alapkd
    09-06 11:05 AM
    Well, I like you because you are just a straight shooter. If you are such a straight shooter then let me do some straight talk, so just catch this.



    what makes you think hiring managers eat commission? are you a hiring manager? you think in such big hierarchies in big companies few people who are doing hiring can actually eat commissions lol. you think it works like indian police department where havaladar collects money and buys bidi for fellow havaldars and buys 2 for himself and gives the rest to his sub inspector who in turn gives to inspector and so on and so on? if that was the case one would not want to get promoted to anything other than the idiotic role of hiring manager of consultants. that is the most idiotic thing i have ever heard. there could be few exceptional bad apples but with any descent sized reputable company a manager would risk going to jail and being sued by employer and future life and career screwed if he eats commission like that. i have seen people getting fired and stripped naked for doing this again incidentaly some desis who attempted it. there would be lot of other real or perceived services provided by consulting companies which are keeping a huge chunk of the hourly rate and will keep the person on bench for descent time give other benefits train them and yes with this kind of idiotic software packages train some guy picked up from the street and put him to work. if someone gets a job like that he should be more than happy with 55/hour. dont know what is the educational background of this gentleman who has started the thread but i would like to know what makes him so super special to earn salary of say even 150/hour or 100/hour out of what he thinks is the billing rate of 180/hour that will propel him to about top 3% earners in the economy.





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  • unitednations
    03-19 11:21 PM
    My employer has made me an account signatory in one of his other company(a sister company of my H1company), so i can take the money out for travel expenses. Is that going to create any problem? I have my regular pay check coming from my H1 company.

    I don't want to judge you; but...

    This is an example of how people are creating problems for themselves.

    Let me guess; you started a company and made it a layer between the h-1b company and your vendor. Your company receives the billings and you withhold xxx dollars so that your employer takes a % on less of a billing rate and then you take it out tax free from your company?

    This is one of the reasons why the anti immigrants and people against h-1b believe that wages are being driven down because of the games that people play.

    LCA says $60,000. Your billing rate is equal to something like $125K per year but you want to run salary at $60K and take out rest in per diems.

    Guess what; per diems and expense reimbursements for those working at staffing companies is not allowed within the law. The only reason your employers even pay you this is becasue if IRS asks they will just make it taxable to you.

    In the LCA's that the senators, anti h-1b people look at; it looks like you guys are really getting paid $60k for a position that normally gets paid $100K. Your package may actually be $100K but on paper it is $60k.

    If only people followed the law then there wouldn't be much argument at all that h-1b is driving down salaries.

    -----------------------------------------------------------

    To answer your question; Every time a person opens up an account; the information gets transmitted to Washington and checked against the anti money laundering database. There is now a record related to terrorism related activities. It appears that USCIS has access to it. Whether they analyze it correctly; ie; is it a brokerage account, personal account, company account, etc., I don't know. However, there has been some cases where the only way USCIS could have known about it would have been through the anit money laundering database. If they were able to capture it for a couple of people that I know of; then you can believe that they have it for everyone.

    Now; in my personal situation; it was part of my job to be the account signatory on mutual fund bank accounts. I was probably the signatory on 400 different companies but it didn't come up in any USCIS check. This was a long time ago before all these databases were synched up; so things may now have changed.



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  • casinoroyale
    06-26 04:14 PM
    I applied for EAD and AP renewals concurrently on May 28th and sent following support docs for AP.

    1. 2 photos.
    2. old AP copy
    3. I-485 copy
    4. Passport biometric pages
    5. EAD copy

    FP appnt on June 23rd.

    AP Approved e-mail on June 23rd.

    My wife's Receipt was just 10 nos difference but she hasn't got it yet.

    Hope it helps


    Wow, that was pretty quick AP approval. Did you e-file, also which service center?





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  • srkamath
    08-18 07:59 PM
    Roy Beck, Norman Matloff and Lou Dobbs are jerks, these clearly racist, xenophobic assholes have some appeal to the fringes of the right and a few on the left.

    Most of the Democratic lawmakers give a damn to these idiots.

    I rarely call anyone a racist - but here it is, the evidence is all there on Youtube, and the internet.

    Sorry for the language IV - but these freaks deserve it.



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  • s_r_e_e
    08-14 10:28 AM
    USCIS memo dated Jun 12 2008 says

    I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?
    If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

    Mine expires OCT 3rd. Applied Jul 3rd, FP Jul 31st. No LUD , No News since





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  • ksrk
    04-15 08:07 PM
    Very sorry to hear this and our prayers are with you...hopefully all this will be settled soon and to your satisfaction.
    First thing - try not to stress out about this. Really, your baby's health and your own are far more important than some stupid GC. Keep in mind that the less you stress yourself, the more likely the child birth will go peacefully and well.
    Secondly, hire a good lawyer - it is well worth the expense and helps relieve your stress.
    Thirdly, if possible, let someone else (such as your husband) drive the "discrimination" lawsuit if you think it is fit...helps give you some line of defense against the problem.
    Regarding insurance, the employer must offer you COBRA. Also, not all insurance companies consider (or are allowed to consider) pregnancy as a pre-existing condition.

    Keep the good focus in mind - let not this affect your baby. And at the same time, don't leave any option unexplored. There're plenty of suggestions in this thread. Ask your lawyer which ones you must explore...

    And GOOD LUCK to you and your family! All will be well!



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  • tikka
    07-06 12:46 PM
    maybe you can help with other action items?
    you have motivated many folks and we could use help on the contribution fund, media drive, diggs etc

    Thank you

    Is there any Specific date, I mean when AILF is filing the case...USCIS is announced they are gonna reject the applications..but did they rejected any single application?? We will come to know after 4 or 5 weeks abt our applications (As per USCIS rep)....I think there must be some time limit to file a case...and we dont have a base to file a case until they reject it.

    Finally they dont reject application nor they will accept it...

    Guys send flowers with all your comments on JULY 10TH...we may get media and political atten...

    this is just my 2 cents.

    Thanks,
    Chandra.





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  • belmontboy
    02-15 12:11 PM
    Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.

    For them, this is their country. All jobs should go to them rather than a foreigner like you.

    What is your response for that ?

    Much of the fuel for anti-immigrant community against H1B's have been hiring low wage worker over qualified American in the same area.

    That's what is under the scanner. Once the abuses are addressed, anti-immigrants would run out of fuel.

    Also a side effect of these could be Desi consultant employees getting better salary.



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  • nshalady
    06-19 01:02 AM
    You dont need an EAD, if you still have valid H1. AC21 has nothing to do with EAD. However, if your H1 is expiring soon, and you have already used up 6 years of H1, you would need an EAD, because H1 extension beyond 6 years is available only for people who cant file I485 because of retrogression.
    -Niranjan

    If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

    I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?





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  • JunRN
    12-19 02:01 PM
    Mine is just 4 days.

    Nov. 23 - Card Production
    Nov. 27 - Approval Notice Sent
    Nov. 28 - Card in the mailbox





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  • prem_goel
    08-03 11:33 PM
    Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. If they have a pending application, they have to process it. they decided in the summer of 2007 that they will hire additional contractors and process all the pending applications so that they reach their goal of 4 months processing times of 485.

    Why will they waste their resources on your $325 dollars again dude? Is the amount that high that they will reopen the case at the time of finally alloting a visa number, and spend the money/resources on reviewing the case again?

    Whatever be the PD, USCIS is all set for a month processing time of 485 by Sept 2009. All cases filed before Jun of this year should have been either pre-adjudicated or denied by that date.



    well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
    these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
    (I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)





    a.j.2048
    10-02 08:01 PM
    His child is born in USA and thus his child is US Citizen and so he can only apply for US passport. He can not apply for Indian passport for his child.

    Incorrect.

    You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.





    Dhundhun
    06-24 12:47 AM
    While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem

    Interesting. This problem is also there. I e-filed for my self and my wife, so the payment went through credit card.

    For son, I filed paper based EAD and check was in favor of USCIS, so I am very much confused about the alternatives you have mentioned - both don't include USCIS.
    --- Update
    I went through detail below. You are OK.

    On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    It does not talk about putting US in front of Department of Homeland Security.



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