Sunday, June 12, 2011

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  • immilaw
    09-18 04:13 PM
    If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..

    As of now you are EB3

    Correct me guys if i am wrong

    H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.





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  • txh1b
    09-14 12:16 PM
    Case 2:

    I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
    But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

    1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
    2. EAD/AP based on filing of case 2 is invalid.
    3. Depends on what you are working on? H1b? EAD?





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  • venkybr
    09-05 08:07 AM
    I am July 2 filer. My EAD and AP was filed later in August. I got my EAD and AP receipts but I am yet to get I-485 receipt. Has this happened to anybody else? Is it possible to get 485 case number from the EAD or AP case numbers?

    Same here, filed for EAD/AP in August and got the receipts from NSC. But no receipts yet for 485 filed on July 11 at NSC. Where did you file your 485 and EAD/AP?





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  • minimalist
    02-03 08:29 AM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik

    2 is more legitimate reason and people answered that it is not an issue.
    For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
    In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.



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  • gchope2k6
    04-27 01:54 PM
    Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).





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  • krishnam70
    05-01 04:44 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)

    Much easier for you , get them to sign an affidavit here and notarize it and submit it, also get an affidavit from some of your relatives back in your home country as additional evidence and submit them. Any documentation which basically establishes their relationship to you and an affidavit completing the circle would be acceptable

    - cheers
    kris



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  • Green.Tech
    08-03 12:10 PM
    Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.





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  • njboy
    12-02 11:19 AM
    what are our chances if the Dream Act does not pass? Dream is #7 on the list.

    Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
    The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years



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  • AllIzzWell
    03-11 05:20 PM
    Gurus,

    Can some body advise what is the best way to send money to India using SBI online?

    Do i have to have an account with SBI? NRE/NRO/Regular

    I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?

    I live in Colorado and hence do not have the luxury of walking into an SBI US branch.

    Any advise is appreciated.

    Thanks





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  • apahilaj
    02-28 08:47 AM
    I opened SR in Jan...took infopass last week...NOTHING..stupid people are saying that my namecheck is going on..i applied 140 and 485 in July...i140 not yet approved...no FP also...blackhole...

    Same exact response I got.

    FP is so not dependent on name check.



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  • dan19
    09-15 01:38 PM
    Where did you get the numbers from?


    Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
    It is a truly daunting situation.
    I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.





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  • Blog Feeds
    04-28 08:40 AM
    From Politico.

    More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-considering-bringing-immigration-bill-directly-to-floor.html)



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  • ashutrip
    06-18 10:15 AM
    PERM/LABOR took 1 year for me and a bunch of colleagues in my company.
    hmmm...thats a very good news :(





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  • morchu
    05-05 02:02 PM
    Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
    Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.

    Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.



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  • smisachu
    12-19 10:26 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.


    Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html

    Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

    After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.





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  • Ann Ruben
    02-23 10:58 PM
    There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.



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  • chanduv23
    06-18 02:27 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    h1 transfer is perfectly legal and you will not have any stamping issues.





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  • njdude26
    04-07 04:43 PM
    Thanks. This sure is helpful. btw i have a Canadian PR card. one less headache in step 3 :) But of course I love it here so im stuck here doing all kinds of circus for 8 years to continue staying.

    new H1 and H1 visa renewal are done in all US embassies in Canada.
    1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
    2. Dates are not available, but are released around 20th in bult; also, check out each hour.
    3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
    4. Go for visa interview.

    I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.





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  • jthomas
    04-24 12:47 PM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.

    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL





    apt29
    11-23 02:11 PM
    Checkout this form. You can request duplicate approval. http://www.uscis.gov/files/form/I-824.pdf. But probably your employer should file for it.





    kirupa
    03-28 03:42 AM
    I just had a response back from the MSDN boards that I need to hit test to find out which UI Element is being clicked. I will explore this route and will hopefully find an answer to post here.
    In the event handler for the UI element you click, simply do a cast such as "sender as UIElement". That will give you a reference to the element you are trying to find.

    :thumb:



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