Thursday, June 30, 2011

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  • ckpas
    10-03 12:17 PM
    thanks a lot for your reply.

    My employer looked at DOL website and found the status is in-process.

    Another question : when you say back to normal process, what do you mean ?
    I found that the "Govt error appeal cases" are processed as current, standard appeal have a backlog of aug 2007. My employer said mine wouldn't fall under any of these two conditions. He is confident that the CO just will certify anytime soon. Is this the case ?




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  • baburob2
    04-29 10:40 PM
    Gurus Pls help

    I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
    I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
    i forgot to file for her xtension.
    I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
    I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
    She will have to go back to consulate now now for visa stamping. Will she have a problem?

    Thank u
    Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.




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  • immigrationaccount
    08-14 02:12 PM
    As per the new visa bulletin, my PD (Mar/26/2006) goes current from 1/September.

    My husband is the primary applicant on the case with me and son as dependents.

    485s submitted in Sep/2007. We received RFE for my son application and replied, we received update from USCIS that it reached them in July/2009.

    USCIS web case status shows 'initial review' for me and my husband, 'RFE response review' for my son.

    As we filed together, does this mean that all three applications were processed and RFE was required only for my son?

    Thanks for all your inputs, being a great help.




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  • agiridhar
    05-14 08:23 AM
    When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?

    Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.



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  • virtual55
    04-07 09:04 AM
    NumbersUSA obtained a summary of the "compromise" negotiated among Republicans Tuesday night. The language is theirs, not ours. We do not know how discussions between Republicans and Democrats have changed the plan, or if it is still a factor in the debate.

    Hagel/Martinez Amendment

    Background:

    The Hagel/Martinez Substitute contains all the provisions of the Specter Amendment - including the border security, interior security and employer enforcement provisions from the Frist bill - but makes the following 3 changes:

    1. It proposes an alternative to Title VI, Subtitle A of the Specter substitute (which deals with the illegal population living in the U.S.)

    2. It temporarily increases the number of employment based green cards from 290,000 (as in the Specter Substitute) to 450,000. This increase from 290,000 to 450,000 would sunset after ten years.

    3. It would give mid-term illegal immigrants (defined below) priority in applying for green cards over future immigrants entering as temporary workers.

    The Hagel/Martinez Amendment is based on legislation (S.1919) introduced by Senator Hagel in October 2005.




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  • sac-r-ten
    03-16 05:03 PM
    h1bjava, why are you so much worried about denial. why are you thinking so -ve to start with.
    I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
    To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.



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  • smuggymba
    12-09 06:25 PM
    LOL.

    Forget about Indian or Bangladeshi - what is your real citizenship?

    Are you indian just born in Bangladesh or a Bangladeshi who was enjoying indian citizenship until you realized it's a retrogressed country.




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  • rajenk
    11-18 05:38 PM
    What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.

    Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.

    Yes for 6+3 year extensions they ask for copy of approved I-140s.

    Hope that helps.



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  • sideeque
    02-05 09:58 PM
    I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.

    You don't need to stamp visa as its not expired.....

    Have a nice trip to India.




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  • techchaat
    11-17 08:24 PM
    Hi,

    This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:

    Is it OK to go for H1B stamping with this I-129?
    What are the possible options to correct it?
    Will this be a problem for my Green Card processing?

    Please let me know if any further details are required from my side.



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  • milind70
    03-27 02:42 PM
    I 140 if filed in premium- USCIS sends an recipt email with recipt number to your lawyer,if he shares that email with you u can check the status online on USCIS website .
    It takes anywhere from 5 days to 15 days to get any response.
    If your case is straight forward u get approval within 5 to 8 days depending upon the workload and the service center. Also depends upon how your case is positioned, category and documents provided with the petition application.
    I 485 i have no idea but if ur PD is current should not take long,my friend got his card in 20 to 25 days max but he had not filed concurrently as he had observed concurrent filing leads to a delay in 485 process.




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  • imconfused
    05-24 04:26 PM
    I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.

    Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?

    thanks,



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  • amitga
    11-24 01:17 PM
    I would suggest your friend from this company who his trying to fool him even before starting the process.

    H1b Can be filed anyday and you friend can start as soon as the H1 gets approved.




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  • payal_nag
    11-27 04:40 PM
    I saw that too, but my problem is that i already had an appt for 3rd week of dec but I had an issue with my passport. Had to send papers for getting my name changed to my married name on the passport as the latest I797 i received was on my married name (noticed this only recently). Now I cannot change the name, passport etc on an existing appointment so will have to cancel the one I have. And currently only emergency appts are available for 3rd and 4th week of dec. Hence the dilemma!!!!!



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  • bandya
    09-08 12:40 PM
    My wife had returned from India on Dec 2nd 2004 and her H4 stamp was valid till Jan 26th 2005 - Less than 2 months validity. She did not face any problem reentering. Infact we filed our extentions after she came back.




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  • dazed
    11-20 01:28 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.



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  • roseball
    07-20 06:08 PM
    First of all you would need a visa to visit UK.

    I don't think Malaysian nationals residing legally in US and travelling to UK need a visitor visa...But I am not sure if UK visa law considers pending I-485 (AOS) a valid status....If you still maintain a valid H1 status but plan to re-enter on AP, you should be ok in my view...




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  • nileshilpa
    08-18 09:17 PM
    Yes that is right. The biometrics is essentially only for I-485 and that is the only LUD that may get updated.

    g8.. thx for replies.




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  • desi3933
    06-16 04:53 PM
    Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?

    Proof that he is biological son of your wife (birth certificate).



    ___________________
    Not a legal advice.




    PD1006
    08-04 11:51 AM
    Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.

    I like that. Thanks for posting the update.

    I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?

    PD1006




    Tommy_S
    04-15 11:45 AM
    It's not an engine, it's an S&S V-Twin power house. I didn't realize we were being judged on the complexity of font used.... I must have missed that part in the rules.
    No, everybody chooses fonts at his/her own will.



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