Friday, July 1, 2011

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  • kamand
    01-06 12:19 AM
    Thanks "glus" for the information.

    I received the below advice from an attorney in another forum.

    "Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."

    According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?

    Thanks.





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  • cnachu2
    11-15 10:21 AM
    but if i wait until my PD is current, then i contact congressmen, by the time they act on it, pd may go out of current. So just looking to get it out of this loop before my pd is current, so that my file will be ready to process.





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  • bigboy007
    11-17 06:22 PM
    I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?

    I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.





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  • rtarar
    01-25 03:25 PM
    If u have valid H1 visa stamped why use AP?

    But any ways, here the deal.

    My wife recently travelled on AP she had an expired H4 visa.Port of entry atlanta.
    Here is what you need
    1) 485 reciept notice(she carried orig and copies-but nobody asked for them)
    2) AP's in original "and" couple of copies wont hurt
    3) Your passport

    -R



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  • Munshi75
    06-05 06:23 PM
    Open a thread for yourself!!!

    Hi Guys,

    In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

    What number should we write? I-485 receipt number or receipt number for last EAD?

    Can someone please respond?

    Thanks





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  • msyedy
    01-09 02:35 PM
    Dear All,

    I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

    Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.

    I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.



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  • anyluck?
    09-09 08:16 PM
    Hi

    I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

    1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?

    2) How many weeks will it take under premium processing to get new I94

    3) Do they have to apply only after Oct 1.

    4) Are there any chances of getting rejected at this stage.

    Can any one please suggest.

    Thanks





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  • ramaonline
    12-09 10:38 PM
    u can file for a 3 year ext of H1 status under AC21 - This will enable u to continue in valid status while the retrogression eases if it ever will.
    Also note that portability is allowed and u can switch employers during this period. u can retain ur current PD and use it for a later GC app if reqd



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  • s416504
    09-21 11:43 AM
    1 - YES
    2 - H1 & L1 VISA timming duration are counted together for H1B period. I have already went thru this cycle.
    3 - Advise to stay on L1A, apply green card and switch to H1B as soon as you are eligible for H1B extention beyond 6 year.





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  • mayitbesoon
    11-16 12:20 PM
    Please help me in this regard.

    I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.

    Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
    Had i been out of status during the time period between Oct and Nov 2004?

    Thank you.



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  • krishna_brc
    10-21 02:54 AM
    I am in 6th year of my H1B. It is expiring in Aug 2011.

    Here are some details:
    - My I-140 is approved with a priority date of Aug 2006 under EB2-India.
    - I did not apply for I-485 so I do not have a EAD.
    - My wife is also on H1B which expires in Aug 2012.

    Here are my questions:
    1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
    2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
    3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
    4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
    5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?

    Chances are very high that your priority date will be current before Aug 2011.
    good luck





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  • bobzibub
    09-28 03:27 PM
    Andrew Sullivan, uber-blogger and one of the country's most influential political pundits warns...

    More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)

    Unfortunately, the intellectual wing of the Republicans is in hibernation for the foreseeable future. They are basically in hiding from the Glen Beck wing-nuts, so I doubt if Sullivan is very influential right now. He ought to be for conservatives because he is quite insightful but Beck provides plenty of pablum for the lazy.



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  • lahuja1
    01-24 03:39 PM
    The LCA was only filed last week (01/18)...





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  • rtarar
    01-25 03:25 PM
    If u have valid H1 visa stamped why use AP?

    But any ways, here the deal.

    My wife recently travelled on AP she had an expired H4 visa.Port of entry atlanta.
    Here is what you need
    1) 485 reciept notice(she carried orig and copies-but nobody asked for them)
    2) AP's in original "and" couple of copies wont hurt
    3) Your passport

    -R



    more...


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  • Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.

    Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:


    Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.


    Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.


    Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.







    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)





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  • ychuck
    04-28 08:06 AM
    I do not know about I485...
    but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.



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  • eb3_nepa
    02-06 12:03 PM
    Excellent words Ragz,

    However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.

    There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.

    Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.





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  • bekugc
    03-18 04:30 PM
    from what we see on other posts, what matters most is
    1. company is hiring u as a fulltime employee
    2. job desc is same or similar
    3. annual salary is >= one specified in approved labor

    you can get paid by hr, but just extrapolate that hrly value into annual salary, and state that.





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  • sreekanth
    09-18 01:04 PM
    Thanks for the clarification. I will gladly pay you $5.(If and after I get my Greencard):D





    Navkcl
    06-22 11:49 AM
    Thanks for the advise ...





    wolfpok
    11-14 08:37 PM
    Folks,

    The December bulletin is out. You know that no end is in sight. If you care about the issue, if you want to make a difference, if you want to be part of the solution, here is your chance! Get involved with the Carolina state chapter of IV.

    We are creating a buzz in carolina...see what the N&O just said:
    http://www.newsobserver.com/1154/story/768394.html

    Come join us! Send me a pm.

    pok



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