Wednesday, June 29, 2011

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  • martinvisalaw
    03-23 09:12 AM
    Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

    You should be OK if the two locations are within the same MSA.





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  • wandmaker
    11-27 05:08 PM
    skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.





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  • sabgau
    06-16 09:50 PM
    Thanks for replying, I checked around and found out that it an official courtesy call.





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  • evgrace
    03-03 06:14 PM
    Did You get to change the FNU status? what did u do? ?I am facing the same issue here



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  • solaris27
    09-22 10:32 AM
    You need to wait for 4 year and 9 months before you apply ur citizenship ...





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  • ~Kipper~
    04-17 07:11 PM
    and it means to "paint/draw" so it has huge relevance to kirupa.com.

    ealier posted by djn



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  • Marcus Amphitheater



  • indianabacklog
    03-22 11:22 PM
    Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks

    My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.

    In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.

    The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.

    If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.

    There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.





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  • deba
    04-03 06:56 PM
    Hi all, not sure if this has been posted in any other thread, if so, Admin please delete.

    I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.

    Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.

    Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?



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  • kirupa
    07-25 01:34 AM
    Added! :)





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  • adhantari
    06-16 04:22 PM
    After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.

    be a problem..... this is anonymous poll buddy..... :D



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  • Marcus Amphitheater / Summerfest. View other maps:



  • reachinus
    09-26 03:26 PM
    Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.





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  • desitechie
    01-16 10:07 PM
    Hi,

    I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?

    As per my job requirement details, it is as below:

    i ) Bachelor degree in technology related field.

    In the detailed experience seeked, it says as below:

    i) Five years of experience with installing, maintaining servers.
    ii) Three years of practical experience in routing and network security.

    I have more than 5 years of working experience (which they seeked) before I started this job.

    Under which category will it fall under, EB2 or EB3 ?

    Thank you

    Looks EB2 to me.

    Is it the biggest networking firm which has the prominent law firm thats sponsoring?



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  • sertasheep
    04-03 06:08 PM
    ANSWER:
    Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).

    Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.

    In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,

    I know this sounds harsh, but thats how it is. Purely my opinion.......





    QUESTION:


    He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

    When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?





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  • praneet
    08-19 10:12 PM
    Hi there,

    I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
    Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
    1)The project name the beneficiary is assigned to
    2)Whether there is a vendor through whom the beneficiary's services are provided;
    3)The name of the vendor appilicable;
    4)Whether the end client or the vendor supervises the beneficiary;
    5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
    6)Whether the worksite has the ability to assign the beneficiary to a different employer.

    The day I received RFE the contract between my company and end client came to surprise end(FATE!!).

    Here are my Questions:
    1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?

    2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?

    3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.

    4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)

    5) what is the better option to get the extension approved out of above all? New suggestions also welcome

    Thanks in advance.



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  • singhsa3
    02-09 08:30 PM
    My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.





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  • ashres11
    09-25 11:24 AM
    Fax letter and his office called me and following with USCIS.



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  • sbindval
    07-15 08:03 AM
    i'm in





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  • LostInGCProcess
    09-11 03:31 PM
    Google "Cronin Memorandum" and you will get lot of information with regards to H1 and AP.





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  • Prashanthi
    04-08 05:56 PM
    When you file for a transfer to company C, the USCIS will see if the H-1 with company B was approvable or not before they agree to approve the H-1 with C. You have essentially created a bridge by filing the H-1 with company B. The USCIS has said that they would allow bridge petitions, however in order not to complicate things, i would convert company B H-1 to PP get the approval work for 1 month, get a paystub and then file a transfer.





    GCwaitforever
    02-27 05:49 PM
    Taxes are paid on earned money only. Not loans.

    If your spouse takes a student loan in USA, there are other advantages though. He/she can claim student loan deduction on the taxes !! Not sure your Indian bank would provide the necessary forms to you or if they have a legal obligation to submit anything to IRS here.





    bhasky25
    12-20 06:38 PM
    I just received a NOID for my 485(No LUD on the online status, received direct mail) saying that my underlying 140 is withdrawn and AC21 not filed. I have filed for AC21 last june (yes June 2009) along with my RFE (asking for G325a, Medical, Birth Certificate and 10th marksheet - this was during the Pre-adjudication time). My 140 was withdrawn by my employer as I had changed jobs under AC21 provisions(left employer in Jan 2009, filed AC21 in June 2009 and 140 withdrawn Dec 2009). Guess I will send the entire paper work again. I am EB3 India with Feb 2004 PD and I am no where near being current so I am trying to figure out if it is just me or is this the new scam that USCIS found to harass us!!!

    PS: My friend who is from the same employer, similar case (Nov 2003, EB3 with AC21 filed) also got a NOID. He responded to it yesterday. Guys, post here if you also received the same.



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