Tuesday, June 14, 2011

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  • wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that





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  • Desiguy786
    04-02 03:35 PM
    Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!





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  • jungalee43
    08-26 09:38 PM
    Sailesh thanks for your advise.
    Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.





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  • HRPRO
    05-05 10:11 AM
    Thank you. I will give it a try.

    so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.

    We can even say yes she had it but lost it over there so i mail her the document. right?

    Once AP is approved, you can travel and have someone here send it to you. I have personally done that without a problem. I left the country and a friend of mine brought the document. A couple of my other friends followed my example, travelled without the document in hand and none of us have had a problem.



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  • pcs
    01-05 04:55 PM
    also please put a message on the message board of www.miIndia.com in TELGU & all other Indian Foregn languages

    This helps to unite the cause

    Today being the weekend is the best day





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  • wandmaker
    10-22 11:42 PM
    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).

    he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)



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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.





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  • nat23
    06-14 11:17 AM
    I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.



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  • shx
    09-29 04:55 PM
    Thanks everyone for all the responses!





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  • nhfirefighter13
    July 9th, 2004, 06:37 PM
    Nik,

    I had to live with a 70-300 Sigma that was f/3.5-5.6 for a long time. While I made do for sports and motorsports type stuff, my world opened up when I upgraded to a fixed f/2.8 zoom. Hold off a bit, if needed, and get a faster lens. You'll be much happier.

    If you're mostly going to be doing landscapes and whatnot, the slower lens will work just fine.

    Unconscionable and dishonored action [Archive] - Immigration Voice

    View Full Version : Unconscionable and dishonored action




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  • averagedesi
    09-22 09:33 AM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.





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  • thomachan72
    10-15 03:44 PM
    sshrika:

    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.

    Best wishes
    Mattresscoil!!
    So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?



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  • chris
    02-13 03:20 PM
    Congrats..

    Please can you tell us your story when you applied and what steps you took, any LUD's or RFEs.

    OR email came from without any updates.

    I got the following message from USCIS:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?





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  • tdasara
    02-08 10:38 AM
    20k quota for 80k foreign students?? Where do the rest go?

    Most students apply under the regular quota to make sure they have a visa after their OPT...

    One can apply under the 20k quota only when they have the degree. Many students postpone their graduation and directly get into the regular H1b pool



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  • vegasbaby
    06-04 03:05 PM
    The bill looks good on paper. My problem is that it also contains giving the same rights to 'gays'. I personally am not opposed to that but it should not happen that the conservatives in the house & senate take an objection & eventually defeat this bill.





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  • dealsnet
    04-02 04:02 PM
    You will not get another 6 months, if you go anywhere in North America.
    You need to go Europe or Asia.
    Extension is no longer allowed. It was allowed 2 years back.
    Only way is to go out to India, or apply extension with USCIS.


    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

    Thanks



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  • sunty
    11-05 03:37 PM
    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again





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  • div_bell_2003
    12-19 05:01 PM
    It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.

    From the GC front, you don't have anything to worry as far as my knowledge goes.

    I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?

    Thanks a lot.





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  • fromnaija
    11-02 04:51 PM
    First, cross chargeability is available ONLY if you have a spouse whose country of birth is different than yours. So get married first and then come back and ask the remainder of your questions.





    willgetgc2005
    04-24 11:47 PM
    dilbert_cal / others,

    I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?

    Thanks

    _________________________________________________


    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.





    kshitijnt
    06-03 05:40 PM
    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.



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