Saturday, June 11, 2011

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  • vin
    09-26 07:18 PM
    Congrats dude. make the most out of it!!




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  • roseball
    04-29 03:13 PM
    No, you cannot show that period as experience. Moreover, by doing so you will be saying that you have been working during that period which would be illegal while on H4.




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  • Hong12
    02-04 12:52 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.




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  • rChinna
    04-01 12:20 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna



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  • meridiani.planum
    05-05 04:50 PM
    I wanted to know that what impact does one have for calling IO's multiple times.
    .

    * pain in the fingers
    * worn out buttons on the phone
    * high phone bill (if you call from a cellphone and are billed by the minute)




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  • Humhongekamyab
    08-13 10:59 AM
    This thread should be deleted. Not related to our cause.



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  • shirish
    09-11 06:37 AM
    Thankx for the info.

    did you send ur 485 application directly to TSC or was it transfered to TSC?


    EB2 - India - July 2005
    RD - 7/26/2007
    ND - 09/27/2007
    Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.

    Hope this helps




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  • anilsal
    12-20 11:47 PM
    the question is are jon and stephen interested? if they are and they invite lou or sessions, and they dont accept, chances are they will get the treatment bill o'reilly/dr phil/oprah got from letterman before they showed: every night a constant reference and poking fun at them until they succumbed.
    Point taken. Where do we get Jon/Stephen's contact information?



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  • gauravsh
    03-28 03:49 PM
    Thanks !!




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  • gaz
    02-04 01:11 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.

    As for the I129 - my lawyer added no such stamps or certification.

    Please do check with your lawyer also. Also, try calling the US consulate.

    Good luck.



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  • meridiani.planum
    07-18 11:39 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.




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  • mariner5555
    05-24 10:18 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry
    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
    :mad:



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  • simple1
    10-04 07:43 PM
    We live in business world. Bright Companies pay salary at bad economic times to retain skilled employees. Desi companies pay more even during bench to retain employees, american companies dont and lay them off. That is precicly the reason desi companies succeed.

    where is Gandhi's quote that says dont draw salary during bench time.

    On the other hand he has said
    "Commonsense is the realised sense of proportion".
    Mohandas Gandhi

    It makes common sense (for companies) to pay more during bad economic times to retain bright people (current-loss and future-profit proportion).

    Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process

    Btw before cursing.. at least think twice...

    and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !

    Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!

    Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!




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  • simple1
    09-25 04:42 PM
    may not be eligible for 245(k)

    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)


    Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.


    not sure if follow 2 join is applicable here.
    http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf

    check with attorney immediatly.

    She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
    In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
    Google it.

    Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.



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  • nousername
    03-18 03:55 PM
    I am just wondering how in the world members here get to know where their cases were transferred after receiving a soft LUD?

    My case starts with WAC and I don't remember where my lawyer originally filed my case but since then it has been transferred twice.. God only knows where..




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  • Ann Ruben
    03-19 03:21 PM
    There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.

    Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...



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  • dealsnet
    03-05 02:26 PM
    You didn't mentioned, how you are going to file AOS.
    Is it employment based? or family based.?
    If employment based, please fill your info.


    I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

    I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

    1. Buying/selling stuff online under my business name
    2. Contract work/1099's- built website templates for clients

    I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

    On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

    My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

    Thank you.




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  • SFSweta
    08-27 01:40 PM
    You may! Because your priority date is based on your PERM/Labor...and that still holds valid.




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  • pappu
    08-14 02:36 PM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
    evaluate your pros and cons based on your own unique situations.

    the BEC uses old generous rules to process applications. thus chances of success are better

    perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.

    you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.

    bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.

    in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.

    thus priority dates are more important. make sure any decision you take maintains your old date.




    sc3
    10-07 05:40 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.




    senthil
    06-15 12:52 PM
    as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?

    in other words can we take it for granted that the dates will NOT move back till the last working day of july 07

    any ideas / inputs ?



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