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  • nagu
    02-26 09:57 PM
    you mean Ron Gotcher. I approached today and he said no. But i did not mention about MTA/MTR option.





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  • desi3933
    01-14 12:02 PM
    My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

    Thanks to any suggestions.

    >> Now she's planning to take a break and change back to H4.
    File for change of status to H4.

    >> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
    Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.


    __________________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • raj2007
    06-13 11:25 PM
    My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
    Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
    can any1 explain this?
    thanks.
    CONGRATS to all to can file for i 485


    Yes he can do this..





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  • auvrm
    05-18 06:18 PM
    (I'm a new member to this forum)

    My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).

    I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.

    FYI: I'm working for this company since Oct 2005.

    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?



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  • kisana
    07-09 12:09 AM
    I have filed my GC from Employer A , now I have completed 1 year since I 485 is filed. I have an offer from empyer B who is ready to transfer my H1B. Now my current H1B is expiring in Nov and I will be completing my six year in nov itself. If I go with employer B I am not sure for how long my H1B will be extended. Please advise suitable process for this.





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  • vsoni
    03-08 11:57 AM
    My company would like to send me France on business.
    But My H1 visa expired Jan 2006.
    I got H1 approval up 2009 but passport is not stamped.

    My lawyer told me that I can go to Paris (France) and visa stamped.
    I am not sure France consulate will issue me visa to enter France.

    Any comments and any input?



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  • psk79
    10-25 10:16 AM
    Hi, Today my I485 had a LUD and when I check the status it is saying:

    Document mailed to applicant.
    On October 24, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I already received everything and went for FP 20 days ago. I missed the appointment and then went the next friday and they took the prints. I was told that I didn't need to reschedule the FP. I had the LUD after the FP date too.

    I have seen that someone had this same status but did anyone ever receive nay other document in mail?? IF so what is it???

    Thanks.





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  • mm1
    10-16 10:00 PM
    Can anyone please tell, can the employee be trained by the employee before activation of visa i.e. 1st of October. The employer is not paying employee any wages for his training. Can his training be legal ? Is he allowed to sign any documents on behalf of the company during this training ?



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  • dilbert_cal
    05-07 06:55 PM
    Bump - In case someone else has some more information.





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  • tammman
    07-21 03:48 AM
    Hello IV Gurus,

    Below is my info and kindly let me know your thoughts

    My Current Status: H1B
    EAD start date: 1st Nov 2007 (Didnt start using it yet)
    Occupation Title: Computer Software Enginner
    OES Code: 15-1031

    New Position: Sales Consultant
    For the Sales consultant position the description is much more technical and macthes 50% with whats Computer Software Enginner.

    1. What are the immigration steps that need to be considered for the portability(AC21) ?

    2. If new corporation says we cannot do the portability because of say OES code or something else what are the options to still take the job ?

    Let me know !!



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  • guest_?
    08-12 09:04 PM
    I have been trying to access the mexico visa appointment website at http://visa-usa.com.mx but it is not available for the past fortnight. Is it down or has it changed to a new website. Could please someone let me know. Thanks for your help.





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  • Blog Feeds
    05-20 01:30 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Chun in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.

    Recently, Alan Bersin (http://en.wikipedia.org/wiki/Alan_Bersin), the commissioner of US Customs and Border Protection (http://www.cbp.gov/) -- the head of all the border guards -- told Congress (http://www.google.com/hostednews/ap/article/ALeqM5j07I9Bw4Q1kxusXReW4qAjNPdR2AD9FM4S300) that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.

    Bersin is the head of US Customs and Border Protection.

    Bersin is a former California Secretary of Education.

    Bersin is a former US Attorney.

    Bersin went to Harvard and Yale.

    Bersin says he had no idea he had to follow the law?

    Why is he lying to us?

    --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/05/even-federal-officials-dont-know-immigration-law.html)



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  • gc_lover
    07-03 02:36 PM
    I think its too early to get any fedex back, maybe from next week!





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  • jingi1234
    08-23 08:55 AM
    Hello,
    My friend has H1 and working for company A. He transferred his H1 and started working for company B (Its been 4 weeks and he has 2 paystubs from company B).

    He is sure that company A didn't revoked / cancelled his H1. Now he wants to move to company A (old one). Is this possible?

    or does he need to re-transfer his H1 from copnay B to company A?

    Please advise.

    Thanks



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  • overseas
    06-07 10:12 PM
    As such there is no requirement on the time limit. But generally the supporting documents include 3-6 months latest statements of savings account. As per general advice the account balance should be atleast 5K per person (so if you are applying visitor visa for 2 persons it is 10K).

    I recently applied visitor visa for my in-laws and they got the visa. I gave 4 months of latest bank statements. The visa officer didn't check any supporting documents as such but they did ask from when your daughter and son-in-law are staying in USA?

    So bottom line is if it is necessary you can try your luck, else wait for few more months.





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  • perlgal
    06-16 02:02 PM
    Hi,

    I want to apply for Green Card in EB2 Category through my employee. But I already have a green card in process via my spouse's employee in EB3 Category.

    1. So will I be able to get the priority date of the green card process which is in EB3 Category?
    2. Can I add my spouse in my EB2 visa process?
    3. What are risks involved, if any?

    Many Thanks



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  • Mahatma
    08-21 04:37 PM
    Dear Immigration lawyer and fellow Ivians,


    I received GC with my wife and one minor son. Other minor son's status did not change. Today I am seeing following hard LUD on my son's I-485.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case has been sent for a standard interview.

    On August 21, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service.

    Do I need to worry? Normally for employment based adjustment of status, interview is not required. Could this be USCIS error? Do I need to do anything?

    Thanks for your help and advice!





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  • augustus
    06-25 09:07 AM
    Can someone explain how the lawyer files I-485(Does she e-file? or mail it to USCIS?) and how we know about it? How long does it take to know you have filed it? and how do we know about it?





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  • alex99
    06-21 09:57 AM
    Hi Gurus,

    I am filling form I-134 Affidivit of support for my wife and son to file their I-485 along with me.

    In the Form in section 11,

    That I intend /do not intend to make specific contributions to the support of the person(s) named in item 3.
    (If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish
    room and board, state for how long and, if money, state the amount in United States dollars and state whether it is to be
    given in a lump sum, weekly or monthly, or for how long.)



    if I check 'I intend', what explanation I have to write for this. Please advice...


    Thanks in advance...

    Ashok





    dixie
    08-23 06:34 PM
    Since EB-1 does not need labor certification, the process is completely independent of EB-2. As such you cannot "port" your EB-2 application the way people transition from EB-3 to EB-2. You will have to apply directly to USCIS with evidence of your "extraordinary ability" in your field, such as honorable membership of professional bodies, research track record, letters from well-known people in your field etc. The first stepto convince USCIS about exceptional ability is very involved, but there on I-140 and I-485 should proceed far more smoothly than EB-2.





    darshan1226
    03-25 06:42 PM
    Texas service center



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