Thursday, June 30, 2011

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  • immigration1234
    02-20 10:31 AM
    Hi,

    My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?

    Appreciate your help!





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  • newtoh1
    04-29 04:37 PM
    1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?

    2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?





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  • chanduv23
    09-15 11:44 PM
    They dont show much of the cheerleaders in football games... unless it is a cheerleading contest......:p

    Ok people watch basketball also JUST FOR THE SAKE OF CHEERLEADERS





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  • glus
    01-02 09:42 AM
    hello,
    Under certain circumstances, your International Student Advisor can grant a leave of absence for one semester for you. You need to get some paperwork from a doctor which will state that you can't attend college and why and for what reasons. However, this is not an easy case. Secondly, once you husband applies for I-130 based on marriage, this may violate your F-1 status as F-1 has purely non-immigrant intent and by filing I130 you show you intend to immigrate to the U.S.

    I tried to help my friend to transfer to another school when he was on F-1. A month after he transferred to the new school, the IS Advisor told him that his F-1 status has been canceled in the SEVIS system. Later, through FOIA he learned it was due to I-130 petition filed by his wife on his behalf a few months earlier. Conicidently, they canceled his F-1 just after the I130 approval. Luckily, his wife became a US citizen just few months later and he adjusted status due to that.

    I always advise to speak to an immigration attorney before taking any action. Thank you.



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  • mannishk
    08-06 03:03 PM
    Thanks, that is what i had thought and came to know by an attorney as well.

    Regards,





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  • julsun
    07-31 01:58 PM
    Hi,

    We had been to Canada in Sep, 2003 for our Canadian residency stamping. While on our way back to San Francisco, US immigration did not stamp our passports or take back our I-94's. Prior to this trip we had been to India in March, 2003.

    Now I am confused as to what should be our last date/port of entry to US? I-94's/passport stamp still indicates our March, 2003 trip and Our Canadian PR stamp does indicate date PR was stamped in Canada. But there's not other stamp/proof on passport for our entry to San Francisco.

    Any pointers/suggestions?

    Thanks



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  • immig4me
    02-11 09:12 AM
    I will respond too!





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  • brij523
    03-04 07:23 AM
    Please respond if you live in Savannah area in GA

    Thanks



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  • kewlchap
    03-16 10:13 PM
    Folks,

    If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?

    My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).

    Questions:
    1. Can I study on EAD/parolee status?
    2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
    3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
    4. Should I try to maintain my H1 status during school (by working part time etc.)?
    5. Does my future employer need to file an I140?
    6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.

    Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.

    Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.

    Thanks,
    -k

    ---------------
    EB2, India, PD May 2004, Primary filer.





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  • rajeshalex
    08-15 09:05 AM
    Hi,

    Company B has applied for I-140 and 485 because you will work with them for a min of 6 to 12 months after getting GC.

    So its not required for you to join them if they have already submitted I-140 and 485. You can say that you will join them after getting GC.

    And if the 485 takes more than 180 days for the approval from the receipt date you can apply the AC21 portability rule and submit a new employment offer from anycompany and you can join that company.(Provided I-140 is approved and if I-140 is pending for more than 180 days then you can port the I-140 priority date by restarting the whole GC process)

    Above is the knowledge I got from IV and google.
    So u dont need to worry and join the company B, but keep them happy since they have to respond to all RFE till I-140 is approved.


    Rajesh Alex



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  • hydubadi
    07-23 07:55 PM
    Gurus,

    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    For this amendment my lawyer is charging $400.
    I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.

    Your answers are highly appriciated.

    Thanks,
    hydubadi





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  • veni001
    05-12 06:46 AM
    I think you are talking about labor certification, but how about I-140

    I-140 is specific to PERM labor to the location. If the employer do not apply I-140 within 180 of PERM labor approval that PERM labor will expire.



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  • english_august
    07-11 10:45 PM
    It is stating the obvious to say that blogs have been playing an ever important role in creating awareness of issues and shaping public opinion; yet we've not had a good representation of our issues in the blogosphere.

    The flower campaign got a lot of attention in mainstream media but we did not have a good co-ordinated effort going on in the blogging community.

    As we go forward, I think we should have a communication medium so that all the bloggers interested in these issues can discuss and execute strategies.

    So if you are a blogger or are interested in becoming one, please join this Google group. Hopefully for future campaigns like rallies etc. we will be able to create more awareness in the blogging community.

    http://groups.google.com/group/immigrant-bloggers/subscribe





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  • SGP
    11-06 05:06 PM
    I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.

    It would be great if I get answer the below my Question:

    1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
    2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.

    Thanks for your help.
    preety

    Hello Preety :
    1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
    Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.

    2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.



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  • ssksubash
    03-13 11:07 AM
    HI ,

    My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.

    Can any one please clarify.

    Thank you for your time





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  • jasmin45
    07-12 10:27 AM
    This is a good one! please digg this one for archive.



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  • natika
    04-30 09:44 AM
    Thank you clif and sanju_eb3 for the response.

    I'll talk to lawyers of the new company (once I find it).





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  • wandmaker
    04-07 11:47 AM
    Hi,

    May be a dumb question, but i would like to know how to proceed from here..

    I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??

    My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??


    True, Your attorney is correct.





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  • hpandey
    10-09 10:19 AM
    Its more like paranoid journalism and the author's background states she has a degree in investigative journalism:mad:

    I don't get it - how can USCIS take a sample of 250 people out of the 65000 visas alotted and say that 21 % of them were fraud ( 13% totally and 8 % technically ) . Its like taking only the fraud cases out of thousands and then saying that there is 100% fraud. I bet the fraud cases are not as high as 20% that the author and USCIS say.

    It is sad to see that although we H1b immigrants get paid more than the American people ( considering what the employer gets from the client ) and even then we have to hear that we are lowly paid. Speaking from my point of view I know I am paid far more than my american counterparts in the same job profile.





    onefineday
    03-31 02:20 PM
    Even I am in the same boat... planning on a 3 week vacation to get the 1 year extension. Can you please update the thread with your case results? Did you take the vacation, and could you recapture it?

    Good luck!





    needhelp!
    08-24 01:10 PM
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