Thursday, June 9, 2011

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  • talash
    04-25 03:19 PM
    I 140 denied.please help to start new thread.Please




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  • bkshres
    01-22 12:50 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK




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  • Desi Unlucky
    09-20 08:21 PM
    Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.


    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.




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  • GCBy3000
    04-17 10:29 AM
    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.



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  • ivgclive
    03-31 09:13 AM
    Dude,

    You are capable of hitting the target even before your gun fires.

    Poor immigration officers !

    If you feel you are not getting result do not keep your attorney because you like him. Change and try.




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  • Gray_xx
    05-28 10:32 AM
    whatta ? I see such mess first time in my life



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  • sanju
    11-20 11:09 AM
    Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.

    http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html

    This is a significant development and one is likely to affects us all.






    .




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  • lazycis
    05-07 01:29 PM
    Forget to mention that you can port to self-employment :)



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  • desi3933
    02-18 06:21 PM
    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.

    wandmaker -

    Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.

    Child will, of course, need passport. But no visa.

    This is one of the few exceptions when person does not need visa to travel.

    Hope it helps.

    _________________
    Not a legal advise.




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  • FKFish
    01-31 12:18 PM
    Great. Thank you all very much. :)



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  • lazycis
    05-07 01:22 PM
    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.




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  • gc_chahiye
    09-23 02:11 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi

    1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
    http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230

    2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.

    3. our receipt also had the PD field blank. Apparently thats normal



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  • sangeethak31
    07-13 02:51 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K




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  • gc_chahiye
    12-07 04:48 PM
    ... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count

    nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.



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  • IfYouSeekAmy
    01-11 03:43 PM
    I disagree. DV may not have relevance to you but to a person who does not have an advance degree but still would like to come here to live,work and have a better standard of life it is still VERY relevant. Remember that this country was built by IMMIGRANTS not neccessarily by immigrants with advanced degrees.

    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.




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  • saileshdude
    07-21 09:56 AM
    All you guys,

    Take an Infopass appointment and tell them that you have not received FP notice. Sometimes taking infopass appt helps. So you can try that option.



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  • manish1905
    10-06 02:31 PM
    I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
    How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
    I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

    I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

    Does any one else had same experience?




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  • chanduv23
    03-16 08:55 AM
    hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...

    Whats is the connection between "J1 Visa" and Canada?




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  • raj2007
    06-17 02:32 AM
    I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

    Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

    Please guide me on this.

    How can you ride on 2 horses?:)
    Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.




    milind70
    11-08 05:58 PM
    I don't think 655K is a lot. Remember, 655K is for both EB and FB.
    Now every year USCIS approved about 700-800K AOS, that mean they
    can clear the 655K in less one year, why 655K is a big number?

    Which year USCIS approved 700K AOS???




    manish1905
    10-07 12:34 PM
    I got same audit in september as well
    the guy came in to my desk and took pictures and i was asked to show my pay stubs
    then they went to my hr and asked all questions
    on being asked he said its the normal procedure
    so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

    Thanks for your info!!!!!



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