Tuesday, June 7, 2011

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  • hazishak
    08-01 09:18 AM
    Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.

    Thanks for your reply, but she will go alone for stamping and we have applied I-485, ap,ead on july 2nd. so is there any problem for visa stampling if our I-485 is pending.




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  • sanjay02
    11-21 12:55 PM
    I saw the following status on I-131

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.

    On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    Does it mean that I-131 is approved?




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  • Rb_newsletter
    10-07 04:54 PM
    pls make sure if they coem to your office you should atleast have a copy of your paystubs


    It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?

    Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.




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  • akhilmahajan
    07-01 04:33 PM
    This is the link.

    http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html



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  • Jaime
    06-10 05:17 PM
    Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?




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  • santb1975
    03-24 12:37 PM
    I am listening to this now



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  • HOPE_GC_SOON
    01-31 02:24 PM
    Gurus:

    My friend got into this situation.

    He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.

    Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.

    Did any oone of you experienced this and if so, can you please share your experience..

    What are the Dos and Donts for this case.. Appreciate your replies.

    Thanks,
    :)




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  • BPforGC
    10-15 12:28 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------



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  • harrydr
    01-06 09:56 AM
    Hey Teddy,
    During you process for porting from EB3 to EB2 did you:

    1. Do this within the same organization after getting your advanced degree?
    2. Did you have to file for a new PERM and start from the begineeing under EB2?
    3. Were you successfully able to port your PD or did you start with a new PD under EB2?




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  • rsayed
    07-08 01:56 PM
    Thanks a lot for posting!
    Please post the URL, always, if I may add.

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

    It's right on the home page.



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  • bhayzone
    04-02 06:45 PM
    Hi,

    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.




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  • brij523
    02-17 10:05 AM
    Putting dollar amount to the signature is something like hierarchy system. People contributed more are on higher rank than others. I am not saying you should not put how much you have donated. But good will be to invite people to join IV. People are our strength. The signature should read

    "IV IS VOLUNTEER ORGNIZATION, HELP YOURSELF TO HELP IV. SO DON'T ASK WHAT IV HAS DONE FOR YOU BUT ASK WHAT YOU HAVE DONE TO SUPPORT YOURSELF FIRST AND THEN IV.
    MEMBERS CAN EITHER RAISE MEMBERSHIP, CONTRIBUTE 5 MINUTES EVERYDAY TO CALL SENATOR/CONGRESS MEMBER OR CONTRIBUTE.
    MY CONTRIBUTION SO FAR IS XXXYYYZZZ"

    And this should be the standard signature on everyone post. This way it looks like everyone is in the game.



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  • lavanyamohan
    11-20 08:58 PM
    message sent to CBS60 minutes...




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  • H1Girl
    10-13 02:52 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!

    As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )



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  • black_logs
    04-13 10:00 AM
    But before you send it you make sure you do not want the labor substitution to stay. The AILA draft supports labor substitution.
    Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851




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  • aristotle
    01-31 01:27 PM
    Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.



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  • bb20078
    10-10 09:20 AM
    I also want to know the answer to this question

    Can you re enter USA on H4 after using EAD

    On the immigration form at the port of entry, can you put H4 and say YES to do you work?




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  • need4gc
    09-10 11:08 AM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.




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  • wandmaker
    11-16 11:38 AM
    FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.




    katrina
    06-09 02:33 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.

    Once she get her greencard approved you will automatically get yours as well.

    but as always this is just my opinion everything has still need to be consult with your lawyer.




    GCPagla
    03-15 02:07 PM
    Hi,

    I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.

    Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.

    a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.

    b) The salary increase in the job is almost 50%. Do you think this causes any red flag.

    c) The company size of the new employer is much small than the current employer. Is this OK.

    I am really depending on you people's expertise. Any help will really make me confident about this change.

    Regards



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