Friday, June 24, 2011

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  • chunky
    07-27 08:49 AM
    Can we leave country and apply for H4 visa at US embassy.
    Will I 485 be abandoned with it.

    Thanks
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.




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  • aadimanav
    09-05 09:17 PM
    I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.

    Ok. I wrote the translation too. Please be happy now. :)




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  • gc_perm2k6
    03-06 01:38 PM
    Both the points are very reasonable. Lets try to send letters.




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  • madhu345
    07-27 09:06 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?



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  • chanduv23
    10-09 08:04 PM
    Wow we have

    TexanMom and now Amma - two moms trying to reqruit all the highly skilled cry babies of Texas to join the group.

    We are with Moms :)




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  • psaxena
    02-04 06:53 PM
    Does anyone know any event management website like evite.com, where I can create and send the invite link so that everyone who wants to attend can come and enter the information.
    Thanks



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  • anu_t
    07-16 02:46 PM
    I haved studied a lot on this topic. I'm no expert, But I think it is not possible.
    You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
    (I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)




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  • uma001
    05-04 10:01 AM
    Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
    Let me know if others got it.

    I sent an email letter ( format and content from AILA (guess)) to him/her

    I will let you know the details of the letter later



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  • fall2004us
    09-14 03:58 PM
    looks interesting....




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  • Alabaman
    05-21 08:11 AM
    they did all these on the road? Laptop? Phones? Throw more light



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  • krishna.ahd
    02-12 06:08 PM
    both H1 and H4 extension are filed together regularly.

    However, the need now arises to upgrade both to premium processing.

    Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

    But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

    Anyway, thanks for all replies. I'll keep digging....
    It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.




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  • nousername
    09-04 12:39 PM
    Nice.. Now that's what I call as out of box thinking lol ;) not sure where you got the idea from but it was a fun light read. Have a good weekend.

    OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.

    Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.

    who votes for this russian roulette option? :D



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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.




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  • logiclife
    06-01 07:04 PM
    First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

    Ok.
    You still have another 2 months before you begin the last year of your initial 6-year H1 term.

    If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

    Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).



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  • ssss
    01-10 06:43 PM
    My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP




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  • tuhin
    07-17 11:04 PM
    Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.



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  • shouldIwait
    05-22 01:03 AM
    Admins....please block this guy




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  • john2255
    10-19 03:13 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

    Other relevant past details are

    H1B non cap petition- June 2008
    221 g at the consulate for the H1B petition since I didn't had the license.
    Hospital withdrew the H1B petition in August 2008.


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John




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  • Slowhand
    07-18 09:32 AM
    See below:

    Taken from www.immigration-law.com

    07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

    The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
    Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
    Mr.Oh also assumes that USCIS processing procedure and speed will not change.
    It sounds like fluff reporting that popular media does. All fluff, no value.:D




    gc_in_30_yrs
    09-12 07:20 PM
    If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

    With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

    But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.




    yetanotherguyinline
    01-18 09:17 PM
    ^^^^



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