Saturday, July 2, 2011

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  • javadeveloper
    08-08 10:01 AM
    I think so , after july 2nd , my company waited for a week and applied on 9th july




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  • loku
    08-16 07:41 AM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.




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  • kondur_007
    08-11 08:58 PM
    Yes, it is possible to process your GC through company B while you are working for company A.

    1. You should have "good faith intention" to work for company B permanently once your GC is approved.
    2 Company B should have good faith intention to hire you permanently once GC is approved
    3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).

    Also see my post in the following thread regarding changing employers after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20515

    Good Luck.




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  • morchu
    04-22 02:02 PM
    NO. It is not OK.

    PERM prewailing wage determination EB2

    Position 15-1034

    My university is applying for a new perm application for eb2. I work for a university

    Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem

    Is thisgoing to be ok ?



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  • kk_kk
    07-08 04:39 PM
    I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.




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  • dealsnet
    09-10 12:48 PM
    Nobody can file I-485 before their PD is current.
    You need to wait 4+7 years to file I-485.
    Till that point, you need to maintain a legal status here.



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  • jackhardy
    02-09 09:32 AM
    The next set of people who decide to write to the President should send him flowers as well. Also there is a DC based org called SAALT who wants to hear our stories + struggles and working to effect policy change on a national level.

    Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)

    Lets participate in this too.




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  • seanl
    08-07 03:22 PM
    I received an RFE that put my I-485 on hold,

    "In order to process your application further you will need to submit the following:

    1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

    OR

    2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.

    Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."

    I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).

    I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
    status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?



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  • Charleh
    01-16 07:45 AM
    I've just run a test - only when I update the control dimensions does the opacity interpolate correctly - what do I have to do to get this working without changing the entire control? Do I have to target the layoutroot and then set the propertytarget to the path of the child control of layoutroot to get the opacity anim to work?




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  • gc_nebraska
    01-08 02:53 PM
    Nope ! EB-2 India



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  • n_2006
    07-23 03:39 PM
    Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?

    No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.




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  • askreddy
    07-27 07:31 PM
    Hi

    Me and My family applied I485 here. Iam still working for my employer. Because of some issues we may need to go to India. And I wanted my green card to be processed from India.

    Can you pls let me know how to change my I485 to Consular processing. Any documents I need from my employer Etc..

    Thanks
    Sree



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  • blake
    03-06 11:57 PM
    I currently live in Kingsland, GA... right beside Jacksonville, FL




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  • masterfender
    04-26 09:28 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.



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  • nmdial
    08-21 01:57 PM
    Prashanthi,
    Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.




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  • AllIzzWell
    03-18 10:24 AM
    Gurus,

    This is an easy one. I am sorry but i am blank on this.

    Can you please let me know how do i get a soft copy of the passport size photograph? I used to get the hard copy from Sam's but now we need to softcopy to upload for visa purposes (D160).

    Thank you for any direction.



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  • miffyflorence
    04-03 05:23 PM
    Hello all, I am so impressed to see so many supports for the immigration bill. We all wish ourselves luck. :)

    I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.

    Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

    When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?

    Thanks for all the great help. Let's hope each of us good luck on the petition.




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  • gc_user
    11-27 09:29 PM
    My husband has a unique experience with his I 485.My husband's employer filed I 131 ,I 485 for my husband and I 131,I 485 and I 765 for me on august 16.I recieved my receipts on october 16 and got my EAD approved on November 16. My husband didn't receive even receipt notices.

    When he called UCSIS and checked on his status with level 2 officer, they told that they did not have any info on I485 but voided his I 131 application. He is planning on reapplying for I485.

    Is there any downside of reapplying it as our priority date is september 2003(EB2).




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  • gcbeku
    08-12 11:43 AM
    My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

    My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

    Is it ok to travel via Frakfurt? Would she need a transit visa?

    Please advice. Thank you,for your responses.

    Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.

    Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.

    I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.

    If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.

    But please check with your lawyers too..


    Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
    http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html




    ArkBird
    10-16 01:20 PM
    Unless you serve in Armed Forces




    factoryman
    06-19 11:32 AM
    Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.


    What happens if the PPD is posiive and x ray is negative as can be the case in may indian because of BCG Vaccine

    please people with similar situation share yr exp

    thanks



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