Thursday, June 30, 2011

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  • Blog Feeds
    06-10 06:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.

    USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS.

    Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

    Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

    ***All information has been taken from USCIS.GOV





    More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)




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  • supers789
    09-15 03:04 PM
    In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --




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  • WaitingUnlimited
    10-09 06:27 PM
    Sorry.. Subject should have been "Filing PERM During 6th year of H1"

    Hi,

    I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
    Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
    Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.

    Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).

    If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?

    Thanks
    WA




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  • cleopatra
    02-17 02:46 PM
    Ask yourself this question. Are your air miles worth more to you than getting your green card?

    There may be some members who will make it to the event if they get their tickets sponsored. While we can sit all day and talk about the reasons they should pay for their own tickets, lets keep that aside and get something done. At least they are willing to come if someone sponsored their tickets.

    To help these folks, donate your air miles. This will help to sponsor their tickets and make the advocacy day a success. it will move you closer to getting your green card.

    If you are willing to trade your air miles to get your GC sooner by resolving all the current issues, go RIGHT NOW and post your intention in the thread to donate your air miles. It is worth it.

    It does not matter how many miles you have, whatever you have, donate it today.

    Donate your miles and help yourself. DONATE NOW.



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  • meridiani.planum
    04-18 02:40 PM
    inline...

    hello experts..

    My husband and I are working on H1B visa.My husband has filed for Green card..

    Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
    if 6 years on H1B are over??

    None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.

    If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
    for visa extension?

    If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.

    If I join another company do I have to have again labor cleared to get additional visa extension
    at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?

    Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
    Many thanks..




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  • ujjvalkoul
    10-04 12:18 PM
    It will be better for u to renew ur H1 while here is US....and before ur current H1 expires...unless u want to go to india for some specific reason for 6 months..

    Get it renewed via preium processing..should be done in 15-20 days...then book apptt for VISA in India and go get it stamped.



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  • Devils_Advocate
    04-09 06:30 PM
    White House spokesman Robert Gibbs in the briefing just reiterated Shapiro's laments: �That story could have been written a year ago based off of what he's said on the campaign trail� I don't think [Obama] thinks it could be done this year.�

    http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/




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  • gc_chahiye
    09-19 05:21 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?

    yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.



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  • soumya_bhatta
    03-23 07:33 AM
    Hi,

    Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.

    Under the circumstances, can I apply for a AC21.

    Thanks,

    Soumya




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  • chaukas
    06-18 12:39 AM
    I haven't filed 2006 return yet. does it matter ?



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  • waitforgc2009
    09-15 06:01 PM
    I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:

    labor PD : 03/2005 (EB3)
    labor PD : 12/2006 (EB2),
    I-140 approved (EB2)
    I-485 Applied : 07/2007 with approved EB2 I-140

    Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.

    Thanks a lot!




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  • IWannaBeHowdy
    11-14 01:57 PM
    Thank you!! :)

    By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?

    Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?



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  • Nil
    07-09 07:46 AM
    One cannot work on H4.
    i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.




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  • ak_2006
    04-30 04:52 PM
    Better ask your current employer for extension in August (as your H1 is expiring in Sept last week). But we never know about full time jobs and offer can go either way in last minute. So, keep in loop the current employer. If you won't get full time offer by July end, start process with current employer.



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  • spicy_guy
    07-12 04:12 PM
    Congrats, EB I guys.

    We poor EB I guys need to shutter!!




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  • sonia_sd
    10-11 01:00 PM
    Hi,

    My I-485 AOS thru my Husband's I-140 is pending right now.

    Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.

    My question is :

    Which is better Interfile or new filling ?

    What are the advantages and dis-advantages of both ?

    If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?



    Thanks

    Immqry



    People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D



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  • shinobu
    06-09 04:47 PM
    Hi Ramesh,

    Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.

    You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)

    As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.




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  • gconmymind
    03-31 05:41 PM
    Hi Guys,
    As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.

    NO, this is not a joke.
    Regards,
    Glus

    Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!




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  • yabadaba
    12-28 06:23 AM
    You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.


    Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.

    Thanks for answering my q!:D




    gcharry
    11-11 09:41 PM
    Thanks guys for your response.




    ranand00
    06-17 10:51 AM
    Hi
    My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
    Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
    If there is a problem in stamping can i return on the old visa stamp.
    Thanks
    ANAND



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