Thursday, June 30, 2011

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  • mach1343
    12-15 03:35 PM
    Hi,

    I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.

    Regards




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  • lazycis
    01-28 08:59 AM
    If I paper file for my renewal, will there be a biometric appointment at an ASC?

    No, when you mail it, you send photos along with the application.




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  • vishwak
    11-23 10:51 AM
    Hi,

    My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.

    Thanks,
    -Anoop

    Get Education Evalutaion done as per job requirement.

    You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.

    Keep updating thread.




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  • sagittarian
    08-30 10:02 AM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)



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  • puvathoor
    04-11 11:59 AM
    I think if one is in hell, USCIS can hand deliver..

    Heaven is another Story (storey?).. :-)

    But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..

    That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..




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  • raysaikat
    12-05 06:02 PM
    Hi Everybody,

    I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?

    Please somebody guide me ...I am really in hurry..

    It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.

    Note that H1-B does not have that problem: it is a dual intent visa.

    I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.



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  • TwinkleM
    04-20 12:58 PM
    @ GreenCardLegion
    Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?




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  • [uber]
    04-09 05:28 AM
    and heres the best one



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  • BMWX5
    12-26 08:28 AM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?

    I talked to lot of people about using AC21, nobody is clear.
    Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
    PS: Sorry I could not answer your question.




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  • raysaikat
    08-25 11:09 AM
    I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)

    - Can anyone share their experience at the Munich consulate?
    - or, should I plan going to Canada and trying rather taking the risk in Germany?

    thanks,

    I have experience with Frankfurt. They gave me 221(g) for security clearance. I had to wait in Germany for nearly 2 months. I think the likelihood of getting a 221(g) will be high.

    Wherever you go, be prepared for 221(g) and a lengthy wait (3-4 months). I.e., make sure you have the resources to stay for that long a time wherever you decide to go.



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  • panky72
    06-24 03:23 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

    You can find some of the answers here.
    http://immigrationvoice.org/forum/showthread.php?t=19743




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  • yestogc
    05-04 08:48 PM
    YES return flight for whole family is employers responsibility ................. of course not by business class.



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  • nhfirefighter13
    August 6th, 2004, 09:34 AM
    This was a complete and total screw up on my part (I forgot my flash was on) but after looking at it for a while....I kind of like it. Somehow, it works (to me anyway)...I should inform you that a few people I've shown this to from school think I'm either crazy or possibly going blind because I like it.

    What say the peanut gallery?

    http://www.dphoto.us/forumphotos/data/813/818IMG_9326-med.jpg




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  • jvs
    06-18 06:50 PM
    Regarding "how soon can you go for stamping"

    Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.

    I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.



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  • ajm
    04-13 09:08 PM
    Friends,

    I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.


    Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).




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  • chnaveen
    09-10 04:28 PM
    Guys,
    It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
    Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
    I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).



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  • jsb
    11-01 12:16 PM
    Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.

    I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?

    I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.




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  • hetuweb
    01-26 01:53 PM
    thank u "deba" and "lazycis" for ur prompt answer.




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  • nirmal301
    03-26 11:03 PM
    Hi,

    Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.

    You will find many scams to take H1 fees and never return your money back.

    But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.

    Whether to pay or not ?
    It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.

    I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.



    Regards,
    Nirms




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    07-08 08:35 AM
    related article on murthy for the Inadvertent Unauthorized Employment


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    vxb2004
    08-27 08:20 PM
    I called USCIS regardng my I-140 approval notice and I was told that "It normally takes upto 30 days to receive any approval/receipt notices". Hope it helps!



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  • gc_user
    11-28 08:29 AM
    Any updates please????




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  • s416504
    11-10 02:49 PM
    It is always good to maintain L1A status. I think best way to apply your L1A extention under premium & family under normal. I think premium fee is only for primary application & not dependent. If anything goes wrong with I140, you will be ground zero on status. In that case, You may have to leave the country immediately.




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  • senk1s
    10-04 04:33 PM
    i've read that the interim EAD is discontinued until further notice.
    you may schedule an infopass appointment and they'll expedite the original app (When its pending for >90 days)

    I know a friend of mine who got EAD about 3 weeks ago(Jul 2 filer)




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  • Green_Always
    01-16 11:12 AM
    Yall...

    Record $14 trillion-plus debt weighs on Congress


    Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)


    Taught of debating if it is worth to live here more ??

    Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )

    The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.

    I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.

    Thanks and Regards -- Green_Always :-)



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  • mihird
    05-22 07:43 PM
    What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...

    But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?

    Can anyone shed some light on it?




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  • dan19
    02-14 05:23 PM
    Have anybody stamped their H1 visa in UAE?
    I heard a lot of people stamping in Canada and Mexico - but not any other countries.

    Any issues going to other countries?



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  • sw33t
    08-10 05:16 PM
    Bumpity bump. Join us

    http://groups.yahoo.com/group/texasiv




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  • ashkam
    04-06 07:30 AM
    What is so surprising about giving up citizenship of a country you don't live in?



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  • srn04
    01-19 09:19 AM
    1.) Is it true that nurses do not need to undergo Labor Certification when applying for an immigrant visa because nurses are considered as shortage occupations? How does the labor certification process for nurses vs other professionals/workers differ? Is it the pre-certification and recruiting process (that does have to be completed) under PERM?

    2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?




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  • Manbir
    06-26 06:26 PM
    I am in need of this info and want to clarify my doubt. Please reply soon.

    Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.

    If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)


    This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."

    Regards,



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  • ajay
    11-30 12:29 PM
    Folks,
    Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.

    I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.

    I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.

    PLEASE advise.

    Thanks!
    Try this O*NET OnLine (http://online.onetcenter.org/)




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  • pappu
    01-01 06:31 PM
    IV has been featured in India Post newspaper.
    http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
    Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
    himanshu at immigrationvoice.org

    thanks



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  • kumar100.gundra
    05-12 03:53 PM
    I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.

    After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?

    Thanks,
    Kumar




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  • sri2005_05
    08-12 12:40 PM
    Hi,

    I have a question regarding i-94.My i-94 is going to expire in december 2009.I have valid i-797 and visa upto 2011.when i went india last year december he gave i-94 upto dec 2009 because my passport is going to expire.now i got new passort and I just want to ask given current scenario is it easy to get i-94 renewal?



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  • starscream
    06-06 10:29 AM
    Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday

    http://www.aila.org/content/default.aspx?docid=22584

    It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa

    This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.

    The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.

    From the aila doc:
    Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements

    Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.

    Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.

    The amendment was agreed to by a vote of 71-22.

    --------------------------------------------------------------------------------




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  • mbartosik
    01-28 08:11 PM
    URGENT ACTION ITEM
    I've asked this of narrower groups, and no luck so far.
    Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
    If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.

    Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.

    We have a plan and we have a chance of getting bill 962 revised.

    My contact: mark at immigrationvoice.org
    my phone 631 233 6830

    DO NOT post details here!



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  • Gator
    02-26 05:00 PM
    Hi-

    I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.

    I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
    I-485 : $395.00
    I-765 : $180.00
    I-131: $170.00

    Can someone please advice if I need to include the fee for AP and EAD renewal.

    Thanks




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  • glus
    09-24 09:17 AM
    [QUOTE=njboy;949731]You wrote-"(I am certified in both the subject)"

    I am certified in both the subjects
    Maybe you should attend some ESL classes yourself before teaching it.[/QU

    everybody makes mistakes...




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  • sushant_s
    08-26 10:12 AM
    Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.




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    01-11 04:41 PM
    /\/\/\/\




    vvenkat007
    09-19 08:53 PM
    Hi Friends,

    My brother is finishing his BDS in India this year. I am planning to bring him to US for the studies in USA. Could you please help me on what he needs to do to enter here and are there any hurdles. I am new to USA too so don't know much about the ways so trying to find out. All I heard is unlike engineering its difficult to come for medical studies to USA.

    Thank you for your help and support.



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  • plakshmi
    08-30 10:07 AM
    My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?




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  • chanduv23
    04-26 09:52 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.

    These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.




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  • desigirl
    11-05 11:09 AM
    1. DREAM Act
    2. AgJobs
    3. Make the EB-1 category more reasonable.
    4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support.
    5. Eliminate the one year bar on asylum claims.

    How about clearing the backlogs in the employment based system? We are contributing to the wealth of the company and the economy but our futures are in limbo and the best years of our careers are wasted worrying about a green card!

    Not surprisingly, according to the most recent State Department Visa bulletin, the EB-1 category is one of the only employment-based category without a waiting list.
    Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?

    Philip Wolgin: Five Ways to Move Forward on Immigration (http://www.huffingtonpost.com/philip-wolgin/after-the-election-five-w_b_778673.html)




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  • WaitingUnlimited
    01-18 12:43 PM
    First of all, Welcome to Immigration Voice!!

    It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.

    What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.

    You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.

    Good Luck!!



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  • The Voice - The Judges Sing


  • wandmaker
    02-25 04:08 PM
    Hi,

    I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??

    Thanks
    AFP

    You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.

    Hope this helps and please fill your profile




    the voice judges. The Voice, the four judges
  • The Voice, the four judges


  • webm
    04-08 10:53 PM
    No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.

    What is ur PD/EB category?



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  • makeup The Voice”. the voice


  • sircaustic
    05-13 09:49 PM
    If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.




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  • pictures the voice judges


  • sandeep_1
    09-04 01:41 PM
    I submitted an expedited SR using the phone and prompts suggested earlier. Thank you very much.



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  • Fellow The Voice judges


  • anilsal
    12-08 01:17 PM
    Well, if the process is enter a name into some application to await a response, then I would pay 15cents a name. Why pay $4?




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  • The Voice is a new T.V show


  • kirupa
    04-22 04:35 PM
    Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!



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  • #39;The Voice#39; garners mixed


  • rangaswamy
    08-29 06:04 PM
    Best bet would be to talk to the Office of International Students in the university.
    go with OPT and then when thats almost over.. then you can switch to EAD.../find alternatives

    NO ssn tax on OPT ... which is a good advantage for you..

    A




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  • 2010 The #39;Voice#39; Judges Belt the voice nbc judges. The Voice, NBC#39;s


  • vjkypally
    07-20 02:07 PM
    Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????



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  • The Voice picture gallery


  • zCool
    04-02 08:50 PM
    1. You can definitely change the employer and invoke AC21. No issues there..

    2. You can change AOS to consular, but not after you've invoked AC21.
    Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.




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  • the voice judges performance.


  • gcnirvana
    02-19 06:17 PM
    Another nail in the H1B Coffin :mad:

    http://www.immigration-law.com/Canada.html

    02/19/2009: H-1B Transfer Alert

    * AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.



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  • gc_maine2
    03-27 03:21 PM
    :D:D:D::D LOL

    On serious note, its really long wait.


    Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)




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  • ttdam
    10-18 01:19 AM
    Hi

    I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication

    EB3
    PD 10/04
    RD 08/03
    ND 10/12

    I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC

    I-765, I-131, FP are pending.



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  • called The Voice,


  • skmurthy
    05-28 05:10 PM
    Great! Thanks a ton for your help.




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  • the voice judges crazy.


  • s416504
    11-10 02:49 PM
    It is always good to maintain L1A status. I think best way to apply your L1A extention under premium & family under normal. I think premium fee is only for primary application & not dependent. If anything goes wrong with I140, you will be ground zero on status. In that case, You may have to leave the country immediately.




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  • female judge on The Voice?


  • njboy
    10-16 01:33 PM
    Unless you serve in Armed Forces

    Arkbird,
    You cant get into the armed forces without a GC




    JA1HIND
    02-14 03:31 PM
    I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
    I haven't got my approval yet. I have currently EAD and my I140 approved.
    My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
    My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
    Please advise.

    Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D

    Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.




    hibworker
    01-26 01:41 PM
    I am in H1b and my wife is a F1 student. Both of us are chinese.

    My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.

    My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.

    My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).

    Will this conflict have a huge affection on her F1 visa application in china?

    As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.

    Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.