Saturday, July 2, 2011

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  • raysaikat
    01-14 02:18 AM
    If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.




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  • toosunneo
    01-31 01:18 PM
    I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:

    - H-1b Date Started: October 2005
    - Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
    - Date of filing labor: January 10, 2010
    - Time outside US on H-1b: about 90 days.

    My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.

    Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.

    Thank you.




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  • India76
    03-02 09:52 AM
    Wow, This is good to know that at POE they can allow to stay more than the visa expiry date. Thanks.




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  • krishnam70
    08-14 04:55 PM
    This seems to be an area where a qualified attorney might be able to give you more information on how to proceed. You may want to try other forums too to get some kind of advise.

    good luck



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  • dilbert_cal
    05-19 01:09 AM
    Laurie A. Bonilla


    Address: Suite 180
    800 El Camino Real West
    Mountain View, CA 94040-2567


    Phone: (650)903-2232

    Fax: (650)903-2239


    She is a great lawyer.




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  • wandmaker
    10-23 01:39 AM
    USCIS will send 2 FP notices for the same appointment date & time, If you have filed G28 for your I-485, one to your attorney and one to you.



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  • immigqindenver
    03-15 02:24 AM
    Hi Guys,
    My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
    My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.

    Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.

    Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?

    Thanks.




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  • wandmaker
    11-12 05:55 PM
    it is always recommended to file h1 extension. If your company is not willing to file for an extension, you will have to use EAD to work for them. Once you started using EAD, your non-immigrant status (h1) is invalidated. Hence , you can not apply for H4 extension for your spouse/dependants - they will be in "pending AOS" status, entire family needs to have AP to travel outside and enter USA.

    BTW, you will have file I-539, it is faily simple, goto USCIS site and download the forms.

    Hi ,

    My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
    Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.

    Thanks



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  • univariate
    07-23 04:16 PM
    Hi, Friend,
    Can you give more details regarding your travel to Canada?
    Which city is the port of exit and port of entry to USA?
    What document did officer ask for when you exit and reenter USA?
    Thanks.




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  • anurakt
    11-13 02:07 PM
    WaldenPond,

    Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......

    Friends ,
    I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..



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  • a_yaja
    01-08 05:05 PM
    Frankly I don't know why people think that IT folks cannot qualify for EB2. Inspite of all changes done by DOL, people with 4yr degree + 5 years of exp. can qualify for EB2. If the company can make a good business case and can prove that there are other people (Permanent Residents/ Citizens) in the organization with 4yr degree + 5 years of exp. for same/ similar position, there should not be any issue for the getting an EB2 approved. As far as my knowledge goes, the requirements are set forth in law - that is not something that USCIS can change over night.

    True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.

    Just my 2cents.




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  • waiting_4_gc
    07-17 09:39 PM
    Hi All,

    Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.

    Anyone got any clues?

    Thank You

    Rajesh Alex

    Here is the update from USCIS:

    http://www.aila.org/content/default.aspx?docid=22912

    As per the memo, they accept I-485, EAD and AP applications with old fee till 08/17



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  • sriswam
    12-05 03:51 PM
    I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
    Funny thing is that we got the approval notice today! No receipt notice though.




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  • fcres
    01-10 02:33 PM
    When i saw the smiley next to the subject, i thought it came out and there is significant movement :(



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  • priderock
    05-08 04:40 PM
    Folks,

    I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?


    I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.




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  • mkr_s05
    03-26 11:30 PM
    Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?



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  • rameshvaid
    09-16 03:12 PM
    ^^^^^^^^^b^^^^^^u^^^^^^^^m^^^^^^^^^^^^p..

    To many bumps foR EB - 3..




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  • amitga
    02-27 03:31 PM
    Linky not worky

    http://www.kellogg.northwestern.edu/ibcconference/




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  • seeking_GC
    06-24 03:19 AM
    Hello everyone,
    I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.

    I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.

    1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?

    2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.

    3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?

    Thanks in advance




    geve
    03-02 11:22 PM
    Can we file H4 to H1 under premium process?




    swamy
    06-08 11:09 PM
    i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -



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