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  • Carlau
    01-08 04:48 PM
    Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.





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  • Dhundhun
    06-19 12:42 AM
    Folks,
    I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

    Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

    Any pointers would be really appreciated.

    Thank You

    -Bipin

    You must be having A# on previous EAD - that is required. I filed for my wife and forgot to send copy of I-485. There was no RFE and we got EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737.





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  • roseball
    03-17 11:52 PM
    You can try re-sending the pkt with a label in bright color with text "Not to be opened by mailroom" so the package can be opened by an IO..Include a cover letter with the details/proof of your earlier application....You can give this a shot but its solely upto the IO to decide whether he accepts your application or not..In the meantime, I would also start a fresh LC process....Sorry about your situation, but there is nothing you can do.....One more case of lawyer screw up......





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  • mhtanim
    11-24 12:13 PM
    I will need to extend my H-1B next year. So far I have found 3 immigration lawyers who are not that expensive and seem to be responsive to queries (email or phone). Comments from anyone who has experience with any of these 3 attorneys will be appreciated:

    1. Prashanthi Reddy - http://www.reddyesq.com/
    2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
    3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/



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  • neema
    11-29 02:22 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    Any help is greatly appreciated, I need to decide fast. Thanks a lot.





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  • chanduv23
    03-26 06:39 AM
    My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.

    We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.



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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.





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  • Apollon
    06-30 12:16 AM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

    Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
    1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
    My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
    2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?



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  • chanduv23
    03-26 06:39 AM
    My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.

    We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.





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  • p_kumar
    02-27 12:16 PM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:



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  • GoneSouth
    07-11 11:14 AM
    Congratulations!! Why didn't you do Concurrent filing in June?

    I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.

    Boy did I (and quite a few other people) get a nasty surprise on July 2!





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  • TomPlate
    07-11 10:59 AM
    That is great south mama. Machi I filed I140 on JUN2nd and I got approved on JUN10th. Machi Congrat you soon will get the ration card.



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  • nonimmi
    05-29 03:58 PM
    Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)





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  • snathan
    05-11 06:10 PM
    Hi,

    I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.

    I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.

    So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.

    Also, most importantly, how much time does it take for the 221g processing.

    I would really appreciate if someone could share their knowledge.

    Thanks

    Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.



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  • Munna Bhai
    03-28 04:13 AM
    hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

    pd's
    January 15, 2008: from April 07.. it became July 19
    February 15, 2008: from July 19... it became July 30
    March 15, 2008: from July 30... it became JUNE 08, 2007???????????

    Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

    this is the link to nebraska service center
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I NEED YOUR COMMENT REPLIES.

    what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.





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  • senthiltamil
    09-22 08:54 PM
    Mine is in TSC.

    Thanks



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  • nrakkati
    08-15 01:52 PM
    was it send to nebraska or texas ?

    Nebraska.





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  • Queen Josephine
    June 18th, 2005, 05:55 PM
    Boy, you really get up early! I'm still in bed when the sun's rising :p With that said, pretty much all comments have been covered already. The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) I really like the little clump of flowering weeds or whatever they are in the lower right and of course I downloaded them and played with them. The second one, I tried it as Anders suggested, cropping, and again, nudging the curves. Both benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.





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  • GCEB2
    06-23 08:12 PM
    At the POE i was being given I-94 validity till Nov 2008 but i have visa till 2010.
    when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back. when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.

    My question is if i send the I102 form how long will it take to get new I 94 card. And also i need to renew my EAD which i never used before will it cause any problem. Do i need to submit my copy of I94 card for renewel of EAD

    Also the other option is going back to my home country and coming back that way i would have my new I94 validity, but what my concern is i got my ssn and does it mean that i lost my H4 status as i havent used my EAD yet





    kak1978
    10-24 10:39 AM
    My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.

    Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.





    kumar1
    07-17 02:17 PM
    Screw Murthy !!! I have never seen him picking up any good news.



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