Thursday, June 30, 2011

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  • senk1s
    10-04 04:33 PM
    i've read that the interim EAD is discontinued until further notice.
    you may schedule an infopass appointment and they'll expedite the original app (When its pending for >90 days)

    I know a friend of mine who got EAD about 3 weeks ago(Jul 2 filer)





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  • mrdelhiite
    08-11 11:59 AM
    hello all,

    i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.

    i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.

    thanks
    -M:confused:





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  • GCBy3000
    06-21 05:54 PM
    This is because most of the beneficiaries are not eligible to file in the past two years. It was not like that before. Once for some reason if they allow the people to file, the graph will peak to 900days.

    I-485 processing times are mentioned here:

    http://www.trackins.com/immigrationtrackers/i485-graph/





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  • tdasara
    03-20 12:04 AM
    Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.

    My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.

    (No I am not talking about a body shop and this is a small financial firm)



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  • clif
    08-12 12:59 PM
    I need some advice in connection with a letter I received from USCIS for an in-person interview. It says that this interview will be video taped. It mentions a list of items to bring to the interview if they are checked, but none of the items in this letter are checked.

    The items are:
    - This letter, passport, I-94
    - Medical exam results, Form I-693
    - A current letter of employment
    - Evidence of a common residence and shared life
    - Other

    My priority date is not current. And, my I-140 is approved and it has been more than 6 months since I-485 filing. I changed jobs about 4 months ago and did not transfer my H1B and started working using EAD. My H1B was revoked by my last employer. Also, I did not send a AC21 letter after switching jobs.

    Is not sending the AC21 letter the reason for this interview? Also, since none of the items in the letter is checked, what does this mean? Please advise.





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  • waitingforead
    09-03 07:51 PM
    Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.

    My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.

    Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.

    Any help would be appreciated.



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  • sury
    05-23 01:06 PM
    I was little worried about filing AC21 when I am just 4 months away from GC. Filing AC21 with my current situation would not bother my GC then I am very much happy to switch over...Thanks everyone.





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  • minimalist
    01-11 05:26 AM
    I probabably know the answer of this question but would still like to confirm, just to be sure:

    - First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
    - First Visa valid from Jul 2004 to Sep 2006
    - 1st US Entry Date from Aug 2005 till present date
    (been to india in Dec 2007 for 1 month for visa stamping)
    - First i-94 valid from Aug 2005 to Sep 2006


    -Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
    -2nd Visa/I-94 valid from Dec 2007 to Jan 2009

    My questions?

    1. Can my H1B Visa be extended again? This will be my 2nd extension.

    2. Till what Date can be extended?
    a. Jan 2010 (6 yrs from 1st I-797)
    b. Jul 2010 ( 6 yrs from 1st visa stamping)
    c. Aug 2011 (6 yrs from 1st US entry)

    Thanks a lot !


    Meaning 6 yrs from 1st US entry subtracting the time you are out of USA for vacaion.
    Meaning Sep 2011, if you were out of USA only for a month.



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  • waitingnwaiting
    12-03 02:03 PM
    I got laid off recently.

    Now got job with 2 companies. 1 small and 1 big. 3 questions:
    (1) Should I select based on my salary? Big company offers more salary.
    (2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
    (3) If I transfer H1B Is Big company likely to get RFE or small?





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  • sushant_s
    08-25 09:19 PM
    Hi All,

    I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

    I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
    Help is greatly appreciated.



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  • desi3933
    06-28 07:20 AM
    I am on H1B visa. Can I trade in Forex using FOREX or any other online broker?

    Yes, one can trade on H-1B status, but can not claim trader status for tax filing. For more details on trader status for tax filing, contact your CPA.

    Also, I need to trade in it multiple times on a single day. That's the nature of this business if you want to make money.

    correction. I would say this -
    That's the nature of this business if you want to make or lose money.


    Good Luck.





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  • wandmaker
    09-10 05:24 PM
    Hello gurus,
    I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.

    Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.

    Regards
    Natan

    AFAIK, it is a NO



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  • suttu
    01-14 01:18 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?

    Yes i was hoping to port to EB2.

    The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.





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  • arunoman
    09-06 04:28 PM
    Am in a strange situation

    I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.

    I-140 - Status - Pending

    Can I work in UK or Canada for some time?

    Kindly advice.

    Thanks in Advance



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  • anu_t
    05-21 03:42 PM
    Check with your attorney , But I 'm quiet sure that to to port the date your first 140 need to be approved. Since it is denied (although it is lawyer's mistake) you are out of luck.





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  • needgreen
    09-05 10:21 PM
    Hello Madam/Sir,

    I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.

    Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.

    We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.

    Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?

    Your answers/views will be highly helpful for us. Please reply.

    Thank you so much, in advance.



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  • Blog Feeds
    12-14 11:30 PM
    Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.

    I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.

    The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.

    One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.

    It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.

    The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.




    More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)





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  • Munna Bhai
    08-23 08:28 PM
    HI All,

    Please help me to sort out this difficult query.

    Company 'X' holds my H1 Visa and i got an offer from comapny 'Y'
    So i can easily xfer my H1 to company 'Y'

    But i am expecting a better offer from company 'Z' in couple of days probably 2-3 weeks.It can be also the scenerio tht they may offer me in a day or two when my H1 xfer is already in process from company 'X' to 'Y'

    In that case when can i xfer my H1 to company Z?

    The worst solution is to get my Visa xfer to company 'Y' and after a month or so get it xfered to 'Z'. Is that possible and allowed to xfer it so quickly?

    Please help.

    Meera

    There is nothing called "H1b transfer" basically every company applies new H1b but it is within quota and you can have multiple companies holding your h1b visa but you can work only for one company on full time rest part time and there is no need cancel H1b, just go and join the company you want to join. Hope this helps





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  • microbe
    February 17th, 2004, 11:35 PM
    i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.





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    gc_eb2_waiter
    02-02 04:34 PM
    I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
    My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
    Please let me know my options.



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