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  • clif
    06-14 09:41 PM
    Dear Friends,

    Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?

    Thank you.





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  • alterego
    08-01 02:38 PM
    Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
    This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
    Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
    I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.

    I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
    I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
    Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?

    Please keep all this in mind the next time you think about helping out.





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  • onemorecame
    10-25 01:19 PM
    Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.

    onemorecame.

    Bump





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  • senk1s
    02-24 03:04 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....


    HTH,

    webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago



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  • MArch172008
    05-23 03:32 PM
    I am on H1 since 2005 and renewed last year and it is valid till april 2010.


    Last year i joined directly to the client and they are processing my GC.

    When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
    So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


    guide me if this is not the correct thing to do...

    regards





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  • Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.


    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.


    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.


    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)



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  • mahujam
    07-29 03:13 PM
    how did you find out ?





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  • ajju
    04-16 03:33 PM
    Are you kidding (about the refund)?

    true.. uscis never refunds.. except for H1B lottery cases...

    I got my GC approved couple of weeks ago.

    Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...

    Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...



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  • gconmymind
    10-31 01:46 PM
    Some of my friends have already received EADs without the FP.

    I am still waiting for receipts - filed 13th August





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  • milind70
    10-31 08:45 AM
    Should address on Drivers license and Address that we provide for USCIS should it match ?

    I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?

    If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.



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  • ita
    06-17 02:33 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.





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  • prom2
    07-22 12:03 AM
    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17....

    This is correct



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  • transpass
    09-28 12:48 PM
    This is the new thread to mention your rejection reasons.

    Please mention following:

    Rejection date: 09/21/07
    Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
    Package received date: Waiting

    Did u hear anything my friend? I am getting tensed now and crossing fingers......





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  • saketkapur
    07-06 05:48 PM
    I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......

    You should be ok......just keep renewing your documents.

    Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)


    Re: Entered on AP,valid H1B,do I need to get I-94 extented

    --------------------------------------------------------------------------------

    Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
    __________________



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  • nozerd
    01-28 07:25 PM
    Yes, same thing happened to me also. My nephew who applied got OCI but when I applied for my daughter the application was rejected and sent back. I then got PIO.
    Per the rules to get OCI at least 1 of the parents nationality has to be non Indian. The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.





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  • another one
    08-10 05:00 PM
    and.... my Mustang can fly if i put it in the reverse gear

    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)



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  • k3GC
    07-11 07:25 PM
    I can make some calls..





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  • grupak
    03-14 04:41 PM
    Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.

    BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.

    Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)





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  • Rb_newsletter
    02-09 03:28 PM
    These are blood sucking leeches playing with our emotions, just for the sake of few clicks on to their page.
    The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:

    How does this 'Blog Feeds' work? Is there a way to filter these kind of dupicate/old news?





    jediknight
    10-23 12:57 PM
    I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(





    krishna_brc
    10-27 01:13 PM
    Thank you.

    If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
    Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

    Thanks a lot for your kind help.

    Our's was fresh application and paid full fee.



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