Friday, June 10, 2011

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  • carbon
    09-12 01:14 PM
    Hi Guys,

    I am from India. Can I go to US Embassy in Canada for H1 stamping ?
    How to do that. Please someone enlighten me.. last time I heared you
    have to go back to your country of origin for H1 stamping. am I wrong.

    thanks





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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?





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  • juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.





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  • getgc2008
    07-30 09:17 AM
    direct online filing for I485



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  • gunabcd
    07-02 09:52 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.





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  • gc_aspirant_prasad
    07-26 04:11 PM
    Just contributed $ 100



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  • cbpds
    12-09 04:50 PM
    Well Said, its the bitter truth many will not agree :)





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  • jimcourier
    06-04 04:36 PM
    Hello Folks,
    I have a very urgent situation and would really appreciate your help.

    Background :-
    H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
    I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.

    But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.

    Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.

    I have to leave for India on Saturday for my wedding next weekend.

    My possible scenarios :-

    1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?

    2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?

    3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.

    Can someone advise ?
    My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?

    Thanks, and keep up all the good work.



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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State





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  • kumar1
    07-13 03:02 PM
    Can I open up a company while on H-1B? Can that company sponsor it's CEO's (that's me) GC in EB-1 category? After all, CEO should be EB-1. Can I then get some peons/servants from cheap countries on B1/B2 and pay them just per diem? Can I hire them first at my father's place in India and let them work at my father's place for 1 year and get them here on L1? Should I get them on L1-A or L1-B? My mom spends a lot of time in temples back home...can I bring her on Religious Worker VISA?

    BITZBYTZ...........can you think stright for a moment?



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  • desi485
    11-24 05:48 PM
    I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.

    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

    Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...





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  • lskreddy
    08-01 10:24 AM
    Thanks for getting IV a media lead.
    pls send all contact info to info at immigrationvoice.org

    I sent you Matt's info.



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  • Pallavi79
    02-10 10:35 PM
    I spend lot of time to check status, emails, news.
    If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:





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  • pointlesswait
    12-29 11:34 AM
    When you apply for H1 transfer..they transfer the current H1.

    If you have more than 6 months on ur H1 you cannot apply for extension..
    when you file for transfer.

    So better option would be:
    a.) Transfer H1...and then file for extension.
    b.) Or file for extension and then change jobs...

    if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

    hope this helps


    Gaz

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?



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  • another one
    07-01 09:28 AM
    And then either edit your post or remove it.

    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How


    OUT. ACT NOW...





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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • kabeer_g
    08-10 12:05 PM
    Hello,

    My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.

    I really really appreciate a response.





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  • rorypirrie
    02-24 10:24 AM
    Now that you have all your documentation, the biggest hurdle would appear to be that you didn't mention the DUI earlier. I would possibly go ahead and contact an immigration lawyer but i'm sure this is an issue which can be resolved without affecting your application.





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  • josecuervo
    08-12 10:21 PM
    To celebrate the success :D

    Success of ???





    pd052009
    04-28 04:11 PM
    One of my friends who applied in Jan, got it in 2 weeks. I haven't heard of any delays.





    zuhail
    05-08 11:27 AM
    This would help you in reviewing the content and format of AC21 letter.
    USCIS Guidelines on AC21:
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    You can send it to your attorney for his perusal.
    Good Luck!



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