Tuesday, June 14, 2011

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  • boreal
    08-19 12:32 AM
    "When you burn your lips drinking hot milk you start blowing on your yogurt"


    Hey, there's one proverb exactly similar in marathi..:-)




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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same




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  • qualified_trash
    10-17 07:31 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.


    While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.




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  • hypersphere
    01-05 04:05 PM
    I Agree there are some particularly bright ideas about fund raising but I dont think there is any significant variety in opinions regarding immigration floating around that we might miss. I would rather have people put their opinions into practise (by contributing) rather than simply share them.



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  • rpat1968
    07-15 08:16 PM
    Why blame USCIS when you classify yourself as EB3!

    Your profile says you are EB3. I hope it was put by you not by USCIS.
    May be your I-140 was also for EB3, a misclassification by you. Do you remember?

    Don't just post without knowing the facts. See my response I posted.




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  • ameryki
    01-10 08:44 PM
    mate long gaps between filing is not an issue at all. save your self some money by filing it yourself. Efile is easiest but keep in mind you will have to go to your nearest immigration office once they send you appt info for your pic to be taken and also your other family members.



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  • GCapplicant
    07-12 10:31 AM
    Oh Boring ...they dont have anything else to do...Just throwing stones.
    What does he mean tighter restriction on legal immigrants...Jealous people Hatred hatred hatred...on us.
    He cant be a native either.




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  • Earned_GC
    02-10 09:19 AM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.



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  • Dhundhun
    06-24 10:02 PM
    at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, 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
    1. if i send the I102 form how long will it take to get new I 94 card.

    2. 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.

    3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN

    Answers:
    1. It takes 2-3 months to get I-94 card after I-102 application.
    2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
    3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.




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  • whiteStallion
    06-02 07:03 PM
    Yes, the return ticket have to be *within* 6 months rather than after 6 months.



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  • Winner
    04-02 10:36 AM
    A.P., G.P., H.P.....got all of them.


    Did you get BP(High/Low?), I heard many get that during GC process ;)




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  • jsb
    09-24 09:43 AM
    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.



    I am a July 2 filer, still waiting for an action !!!



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  • rbalaji5
    10-31 12:54 PM
    You may try with your office Zip code. In worst case, they may ask you to go the office near to you home. It is just a inquiry we schedule right - There won't be any problem.




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  • abdulazeez77
    08-11 10:18 AM
    I think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.



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  • gcwait2007
    03-24 06:47 PM
    Hello All,

    Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.

    I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.

    Thanks,
    ampudhukode


    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.




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  • snathan
    04-25 11:26 AM
    yawn

    Keep yawning....



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  • fall2004us
    10-26 12:30 PM
    I am in the same boat...
    I saw LUDs yesterday and day before yesterday on my AP application..
    Hope they approve it soon.




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  • garybanz
    10-15 04:02 PM
    Go for PP, mine got approved through PP in 1 week.




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  • qasleuth
    09-21 10:35 PM
    Anecdote: An acquaintance of mine was married for a year and then they had marital issues. His spouse started living separately here in the US and then went back to India. The guy went to India on a trip to see his ailing father. His ex-wife's parents filed a harassment/abuse case against him and he ended up being there for 2 years. In that period his 485 was considered abandoned inspite of being in the country for more than 10 years.
    I do not know the exact reasons for their marital discord, never asked and never judged.

    The one thing which this country should teach is not to judge another person. No one has the right to insult/judge another human being without knowing the facts. Even if you do know the facts, you have absolutely no business to talk nonsense. Just farting out of your mouths anonymously on a public forum does not make you wise or a person of character. Shame on the low-lives who made ugly comments about OP.




    pleaseadviseme
    09-23 12:56 AM
    Thank you very much for the quick reply!
    I just got some feedback from my employer.

    Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....

    he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?

    I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?

    Thank you so much again, you have been a really helpful attorney.




    widad2020
    08-11 09:55 AM
    Carry the new Approval notice(s), copy of entire application, your h1 approval and a couple of your recent paystubs. Should suffice. at the POE the officer will issue a new paper stub I94 that has the 2009 date.

    graj012 is correct.But apply for I-539 extn of Non-immigration status ASAP once she is back from vacation so that her status is also extended and on to your new emplyer



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