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Friday, June 24, 2011

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  • franklin
    06-23 03:39 AM
    Suppose we use OverNight Express USPS mail ... I was wondering
    when i can send the package ?

    If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
    early enough to the there on July 2nd and not before





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  • Gravitation
    09-11 10:05 AM
    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.

    This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.





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  • diptam
    06-24 06:17 PM
    I mean from AUG 1st the CURRENT status may vanish... who knows ?

    NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....

    may be this will help you

    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.

    485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.

    How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?





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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.



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  • raidohri
    05-30 08:44 PM
    Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now





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  • fromnaija
    03-18 04:53 PM
    This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.


    That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:

    http://www.uscis.gov/files/form/I-765instr.pdf



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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.





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  • Openarms
    10-19 02:25 PM
    Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.



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  • adibhatla
    02-15 06:24 PM
    Prince - If you ask me it doesn't matter coz ur back to the processing of your I-485. I heard some cases usually take longer to update.

    Can you pls furnish specific details such as:

    Denial notice Date:
    When did you/your lawyer apply the MTR:
    Other update dates such as (Soft LUD's, Hard LUD's):
    MTR Approval Date:

    Sorry for asking more specific details. My I-485 got denied too but for missing G-325A forms on both my wife's and my case.





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  • eb3_nepa
    08-13 09:41 AM
    You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion



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  • gsvisu
    07-17 05:54 PM
    Thanks & Contribute... This is only the beginning.

    Miles to go before we sleep !

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute





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  • mdipi
    10-20 08:08 PM
    on ur site, also subbmit it to SOTW



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  • prabhu07
    05-21 12:02 PM
    @surabhi - Adios Amigos.





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  • Robert Kumar
    03-08 11:47 AM
    my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry

    any ideas whats next for him.
    does he need to apply for a new H1B or can any lawyer help him convince.

    Why do u think his H1B got cancelled. Pls share.



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  • trump_gc
    07-06 08:19 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?





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  • kowligi
    10-01 08:47 PM
    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!



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  • SkilledWorker4GC
    07-17 03:31 PM
    According to your profile it took you less than a year to get your GC and you call that a Long Wait. :rolleyes: People here stuck for 10 years.

    Your question is too confusing otherwise i would have answered as here on IV we are very generous even to the people who doesnt care about us.

    Anyways hiring a lawyer and paying some money would be a better place to get a right answer.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?





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  • Znan
    07-15 11:03 AM
    I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.



    The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.


    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance





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  • seaken75
    07-17 10:24 PM
    Do you have the link? Thanks! :)

    If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.





    gimme Green!!
    07-12 02:43 PM
    Lot of times, I scan through the main threads, and only login if I have read some 'secret "for members" only' stuff, or have to post. :)
    A lot of the 1300 could be like that too.

    There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.

    Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.





    dixie
    09-25 02:38 PM
    I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.

    Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.

    Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !

    I think it is better to contact him.

    Guys...Any comments ?



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