Monday, June 27, 2011

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  • koppula09
    01-04 12:51 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat




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  • ilikekilo
    08-01 05:51 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks

    do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?




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  • smsthss
    12-18 05:59 PM
    I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??




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  • desi3933
    03-02 06:42 AM
    Thanks for you valuable information.

    My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?

    Kindly reply

    Thanks
    Tiger



    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.


    ____________________
    Not a legal advice
    US citizen of Indian origin



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  • nat23
    05-22 04:22 PM
    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.

    I would recommend you take up the new job and apply under the point based system. Right now they have 140K for EB categories and it will go down to 90K. So even if you keep your PD, you case will be retrogressed further.




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  • luvschocolates
    06-29 11:00 PM
    I got the exact same letter today, except mine says below "CANCELLED", that I am to appear on July 9th at the Jacksonville FL. office at 8 am. - so is it cancelled or not?

    I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
    When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
    I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
    She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
    Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:

    I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.



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  • chtting2me
    01-02 07:32 PM
    Still waiting for FP. Filled on 19th July @TSC




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  • nousername
    09-14 02:10 PM
    I'm sure it is legal.. It is just a form of kitty. We are not using the money for any gambling etc..

    I like the idea and I'm in..

    I like the idea. But I wonder if this legal...



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  • peer123
    04-17 10:05 AM
    How did you find what job code your labor was applied for?

    it is on the approved labor certificate, that my lawyer gave me




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  • nissan_1
    01-24 02:52 PM
    During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
    But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((



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  • tnite
    01-13 08:36 AM
    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!

    There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
    just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
    I131 -Advance parole




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  • ImmInd
    06-09 08:36 AM
    You do not need Visa to Travel via Germany if you are citizen of Destination Country.

    So, Indians do not need visa to travel via Germany when you travel back to Home Country (India).



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  • baba84
    04-30 11:38 AM
    We are a small group, and most of our provisions are reasonable, and hopefully we can get our provisions passed. I wish the same for the undocumented too. If it happens in one bill all the better!




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  • snathan
    05-12 07:07 PM
    Yes he can apply EB-2 and claim experience gained from the same company as long as the new job description is 50% different from the current job position.

    I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.

    Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.



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  • shana04
    03-25 02:29 PM
    It seems to be only on economy? I couldn't find anything on immigration.
    serach for immigration

    This is a good question

    "Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
    VAMSI, CHICAGO - Budget




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  • diptam
    08-10 11:59 AM
    My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....

    Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...

    I got the info from my friends attorney.
    i want to verify it with my attorney but he is not lifiting phone. he is too busy



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  • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!




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  • bob2007
    07-25 11:34 AM
    Any body experience filing un signed Labor Substitution?




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  • invincibleasian
    02-06 05:09 PM
    I dont have EAD so I cannot comment!




    cox
    October 16th, 2005, 08:07 PM
    There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.

    Interesting, you have to admire the guy's determination. A lot of work to reproduce that technique. I have noticed that with very long exposures, anything moving very fast compared to the shutter speed just disappears, since they don't contribute enough light to the whole exposure to be distinguished from the background. I'm trying to figure out how to keep the motion blur of the subjects in daytime, which seems to require a middle ground exposure time as compared to typical exposure time of <1s or long exposures of minutes at a time.

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    needGCcool
    09-04 10:10 AM
    Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.

    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?



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