Sunday, June 26, 2011

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  • Green.Tech
    08-03 05:15 PM
    As per my attorney, the first case is correct.





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  • sbajaj80
    09-14 09:05 AM
    Our checks were cashed yesterday. Receipt notice date for application is 9/8.





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  • priderock
    08-16 12:29 PM
    yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.

    If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)





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  • VisaHelp
    07-26 09:21 AM
    Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.

    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)



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  • adhantari
    08-12 07:33 AM
    with your efforts. I hope you don't get banned...





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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.



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  • Irs
    02-10 01:43 PM
    key note....Document and have everything in writing/email/recording...





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  • karthiknv143
    06-25 01:37 PM
    Regarding affidavits, scanned copy is good enough.
    Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
    You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....



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  • zoooom
    07-17 06:01 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
    Agreed...Guys lets contribute for a great cause.





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  • kartikiran
    10-05 02:52 PM
    I am sure this will enhance the reputation of IV more than ever...!!!



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  • manderson
    11-07 04:12 PM
    Can anyone else have opinion on this?

    regards,
    Mittal Kapdi

    u don't need to go for "visa stamping" to maintain status (know that status and visa are different)

    notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.

    ....But if you want to travel while on H1, then yes: you need to go for "visa stamping".





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  • GCneeded
    11-08 12:24 PM
    Hello Everyone,

    Thank you everyone for the responses.

    RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.

    I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.



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  • txh1b
    09-14 03:43 PM
    Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.

    Good Luck!





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  • iwantmygcnow
    11-09 10:22 AM
    This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.



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  • panky72
    08-03 01:23 PM
    This is a small idea and let us see if it works.

    We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.

    I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.

    Suggestions are welcome.

    Pardon my ignorance but how do I hyperlink "contributing to immigrationvoice" part of the signature to the contribution page in IV. I am not from IT field as many of you would have already guessed:)





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  • nozerd
    01-20 12:16 PM
    I have already contributed $ 200 in the past. I prefer to make one time contributions instead of recurring.



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  • kshitijnt
    07-18 01:03 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)





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  • my2cents
    10-12 03:41 PM
    There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.

    As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.

    it's all about how your solid documentation about your extended vacation.





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  • EkAurAaya
    06-01 06:18 PM
    It doesnt matter at what day you apply, there are a lot of applications "pending" from before that will take up the "available" visa numbers, we still have to go through name check and other stuff that takes forever :D its a black hole all you can do is pray and hope your application gets looked at soon and the visa #'s stay current for atleast another 3 months.





    looivy
    10-01 10:47 AM
    Do they do a name check for EAD as well?

    My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?





    desi3933
    07-08 11:08 AM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes

    While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.

    This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.

    .



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