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Thread: EB2 Predictions (Rather Calculations) - 2011

  1. #5801

    Green Card and Out of Country

    Hi Gurus
    My brother just received the green card yesterday and he is in China.
    Can he travel on his valid H1B or does he needs to show the Green Card while entering US back.

    Thank U

  2. #5802
    sorry ... my intention was not to criticize you or others. Just trying to say that try to seek facts ... that usually leads us to better understanding and avoids emotions getting better of us. Best and hope you become C tomorrow.

    Quote Originally Posted by pg_at_q View Post
    cool man...we are all in this together...not getting defensive...juz some frustration..chill
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  3. #5803
    Q any luck on information from your source...

  4. #5804
    Sorry .... none yet. Will post ASAP when hear anything. But more than likely we are going to have the bulletin tomorrow. So its not going to be useful anyway.
    Quote Originally Posted by mesan123 View Post
    Q any luck on information from your source...
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  5. #5805
    Valid H1 is ok, I believe. People in this situation have even come back on AP, without valid H1. But on re-entry, the officer will come to know that in fact now he is a permanent resident, and will most probably mark his H1 cancelled without prejudice, and officially enter him into the USA as a permanent resident.

    Quote Originally Posted by ifaith View Post
    Hi Gurus
    My brother just received the green card yesterday and he is in China.
    Can he travel on his valid H1B or does he needs to show the Green Card while entering US back.

    Thank U

  6. #5806
    Quote Originally Posted by nishant2200 View Post
    Valid H1 is ok, I believe. People in this situation have even come back on AP, without valid H1. But on re-entry, the officer will come to know that in fact now he is a permanent resident, and will most probably mark his H1 cancelled without prejudice, and officially enter him into the USA as a permanent resident.
    My cousin went through this last year. His lawyer advised him to go to the US consulate in India and have his passport stamped with an immigrant visa. The lawyer had told him at that time that as soon as the green card is issued, H1 is automatically null and void. He did go to the US consulate in Mumbai and they stamped his passport with immigrant visa there.

  7. #5807

    EAD/AP Timeframe

    Hi Gurus,

    Sorry for the off topic. How long does it take to get the EAD/AP after filing them? My PD 06/06/2007 and say for example if i'm not current this Sept., I have to wait until May. So, If I apply in May, how many months does it take to get approved? My concern is my H1 gets expired in Aug. 2012, and my company will not give me a Client letter, which I need when I file my H1 extension.

    Appreciate your help.

    Thanks

  8. #5808
    Quote Originally Posted by superdesi2100 View Post
    My cousin went through this last year. His lawyer advised him to go to the US consulate in India and have his passport stamped with an immigrant visa. The lawyer had told him at that time that as soon as the green card is issued, H1 is automatically null and void. He did go to the US consulate in Mumbai and they stamped his passport with immigrant visa there.
    very good point. H1 is automatically cancelled. Then does he have AP. I believe AP should be ok, as that's the very purpose of AP, to allow for travel during the period waiting for AOS to be completed. If he does not have AP, then immigrant visa stamp as superdesi said. Actually the immigrant visa stamp seems to be the most safe way. You can also try putting this question on Ron Gotcher's forum. Or best, take least time allowed by a lawyer, pay him, and ask the question, for sure shot answer.

  9. #5809
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    Quote Originally Posted by samudrala View Post
    Hi Gurus,

    Sorry for the off topic. How long does it take to get the EAD/AP after filing them? My PD 06/06/2007 and say for example if i'm not current this Sept., I have to wait until May. So, If I apply in May, how many months does it take to get approved? My concern is my H1 gets expired in Aug. 2012, and my company will not give me a Client letter, which I need when I file my H1 extension.

    Appreciate your help.

    Thanks
    Why will your company not give you a letter? If you are a legitimate and legal employee, they should have no problem with it. If it's something less than kosher then its a different issue. I've never heard of a situation where an employer has refused docs to file an extension for their own employee.

  10. #5810
    Yes... at hte least they need the employee to sign all the documents. So did they not have you sign anything?

    If I were you, my worst fears would be - whether these guys have filed a GC for you at all. Sorry to be so pessimistic but you need to ask that question hard.

    Quote Originally Posted by vizcard View Post
    Why will your company not give you a letter? If you are a legitimate and legal employee, they should have no problem with it. If it's something less than kosher then its a different issue. I've never heard of a situation where an employer has refused docs to file an extension for their own employee.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  11. #5811
    Quote Originally Posted by qesehmk View Post
    Yes... at hte least they need the employee to sign all the documents. So did they not have you sign anything?

    If I were you, my worst fears would be - whether these guys have filed a GC for you at all. Sorry to be so pessimistic but you need to ask that question hard.
    Guys I guess the poster is referring to client providing with a letter which is used for h1 extension now a days... In my opinion nothing relating to his parent company but client where he is working as a consultant not providing the supporting letter...

  12. #5812
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    Quote Originally Posted by soggadu View Post
    Guys I guess the poster is referring to client providing with a letter which is used for h1 extension now a days... In my opinion nothing relating to his parent company but client where he is working as a consultant not providing the supporting letter...
    The only situation where this may come up is if his "parent" company is a temp staffing agency (in which case there is no "parent" company). For a regular employment (non-temps), he shouldn't need a letter from a client if he is a full time employee and is getting paid by his parent company.

    I work as a management consultant for a Big 4 Firm. I don't need letters from my clients for my H1. The paperwork that my firm submits basically states that I am an employee of the firm, my job role and responsibilities are such and such, they are paying me $xyz and they intend to keep me employed as a full time employee. I have NEVER had an issue with this.

  13. #5813
    Quote Originally Posted by qesehmk View Post
    Yes... at hte least they need the employee to sign all the documents. So did they not have you sign anything?

    If I were you, my worst fears would be - whether these guys have filed a GC for you at all. Sorry to be so pessimistic but you need to ask that question hard.

    Sorry, I should have been more clear on my question.

    I work for a Desi company which has about 100 employees. My client is not willing to give me the client letter(Thank you for Soggadu for referring it in earlier post). Last time when I had my 3 yrs extension, I was with a different client and I could able to get an extension for 3 yrs without any issues since the client provided me a client letter. But this time the Client (one of the biggest banking company in USA) is not ready to provide me the client letter.

    If I could get my EAD/AP (Not intrested in AP at this point of time as I dont have plans to travel) I would not need to worry about it.

    Thanks
    Last edited by samudrala; 08-08-2011 at 10:56 PM.

  14. #5814
    I don't think you need a client letter.

    As long as your employer gives you an employment letter ... thats fine. I agree w Vizcard, I really don't know why this should be an issue at all.
    Quote Originally Posted by samudrala View Post
    Sorry, I should have been more clear on my question.

    I work for a Desi company which has about 100 employees. My client is not willing to give me the client letter(Thank you for Soggadu for referring it in earlier post). Last time when I had my 3 yrs extension, I was with a different client and I could able to get an extension for 3 yrs without any issues since the client provided me a client letter. But this time the Client (one of the biggest banking company in USA) is not ready to provide me the client letter.

    If I could get my EAD/AP (Not intrested in AP at this point of time as I dont have plans to travel) I would not need to worry about it.

    Thanks
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  15. #5815
    Quote Originally Posted by qesehmk View Post
    I don't think you need a client letter.

    As long as your employer gives you an employment letter ... thats fine. I agree w Vizcard, I really don't know why this should be an issue at all.
    Thank you Q, but these days you need to provide a client letter to get an extension, also when you go for visa stamping.

  16. #5816
    i wonder whether your company can give you a copy of contract and their own declaration that you will be the resource on this project?

    Quote Originally Posted by samudrala View Post
    Thank you Q, but these days you need to provide a client letter to get an extension, also when you go for visa stamping.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  17. #5817
    Q..
    If one is employed with a consulting company: Unless you have a client letter, very good chance that you will get an RFE for extension. 221g guaranteed if applying from India. Then, remember proving employer-employee relationship. 2 key documentation one has to have to expect to get thru without RFE while applying extension.

  18. #5818
    Quote Originally Posted by qesehmk View Post
    i wonder whether your company can give you a copy of contract and their own declaration that you will be the resource on this project?
    As I mentioned before, we do need a client letter... I just got my extension last weekend and was issued for 3 yrs but I had to get the client letter that too ontheir letter head.... No more discussion on this from my end.... Only persons working for consulting firms as a consultant can understand what I am talking abt.:..
    Last edited by soggadu; 08-09-2011 at 09:07 AM.

  19. #5819
    Good Morning Soggadu . Waiting for hot hot breakfast news from USCIS

  20. #5820
    yeap soggadu is right...i was in consulting till one year before. you need to provide client letter for sure these days for ur h1b extensions.

    Quote Originally Posted by soggadu View Post
    As I mentioned before, we do need a client letter... I just got my extension last weekend and was issued for 3 yrs but I had to get the client letter that too ontheir letter head.... No more discussion on this from my end.... Only persons working for desi consulting firms as a consultant can understand what I am talking abt.:..

  21. #5821
    Hi folks, I am a new member but an old follower.... I have a quick question... Say dates move today beyond July, say to 15 th august... For people who become current, should they even waste money in filing for EAD and AP? Aren't the GCs arriving in less than 6 months these days after dates becoming current?

  22. #5822
    Guru veni001's Avatar
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    Quote Originally Posted by Nishant_imt View Post
    Hi folks, I am a new member but an old follower.... I have a quick question... Say dates move today beyond July, say to 15 th august... For people who become current, should they even waste money in filing for EAD and AP? Aren't the GCs arriving in less than 6 months these days after dates becoming current?
    EAD & AP fee is included as part of 485 filing fee(revised). So applying for EAD/AP or not, will not change filing fee.
    Not a Legal advice/opinion, please check with good immigration attorney.

  23. #5823
    can we expect the sep bulletin today?

  24. #5824
    Quote Originally Posted by mesan123 View Post
    can we expect the sep bulletin today?
    No guarantees for anything, but 99.99 % yes, any time now.

  25. #5825
    May be after the Fed meeting
    Quote Originally Posted by nishant2200 View Post
    No guarantees for anything, but 99.99 % yes, any time now.

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