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  • chanduv23
    09-16 11:15 AM
    The only way you can appreciate this effort is by just participating in it.

    Come on friends - lets show all our support. IV needs your support for you to win





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  • mrajatish
    08-08 12:33 PM
    On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.

    I think this issue is equally important in solving retrogression.





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  • mr_aryan
    10-19 01:59 AM
    It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
    I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.

    Thanks in advance





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  • lee8191
    05-20 08:09 AM
    Hello, I'm Hyoung and I'm graduate student at Purdue University.

    I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.

    Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.

    At this case, do I need to follow applying procedure for a reinstatement with application fee $300?

    I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
    If there is some tips to resolve this issue that you can tell me, could you let me know?

    Thank you so much

    Regards



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  • kpkrind
    09-05 10:54 AM
    Hello All,
    Here are my case details, please help me.

    - I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
    - My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
    - My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
    - Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

    Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?

    We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
    * Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
    * Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?

    Regards
    Prakash





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  • yagw
    08-17 10:55 AM
    My PD is Nov 24th 2005. EB2- India. Filed @NSC
    Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.

    I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.

    I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.

    Has anyone got slapped on the hand for not following this?

    I have also sought help from my senator, however no useful information has come out of it.

    Are their any other options available?

    If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
    Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!



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  • mugwump
    01-14 03:00 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.





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  • tabletpc
    03-27 03:54 PM
    No stages ..only worries and surprises...!!!!



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  • wandmaker
    11-03 02:36 PM
    Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.

    Hope this helps.

    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.





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  • ice_mountain
    07-17 08:16 PM
    1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?

    2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)

    3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?



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  • samk32@gmail.com
    06-13 06:39 PM
    SBMallik thanks for the reply, as per your link it says,

    Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:

    Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;

    -- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.

    Pls. advice

    Thanks





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  • tdasara
    03-19 08:34 PM
    Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21

    My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.

    Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?

    (My role is strictly IT related and also assist in Data Analytics).

    My immigration lawyer is yet to respond.



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  • sunny1000
    07-01 04:14 PM
    Hello,

    I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.

    I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.

    The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.

    Your response is greatly appreciated.

    Thanks!

    Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).

    Now, if your H1B gets denied, God forbid, you have 10 days to leave.

    I wish you good luck.





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  • nileshilpa
    08-18 06:19 AM
    Hi there,

    I got my FP done yesterday in Newark,NJ ASC. But online status only shows LUD on I-485 case.. I've applied EAD and AP too, but don't see LUD on them.

    Also, in ASC they give you form to fillout, I only put my I-485 receipt number on it, should I have put all three receipt numbers?.

    Any thoughts,

    Thanks,



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  • LostInGCProcess
    11-10 09:03 AM
    Hi All,
    I have a situation where I can not find proper information and would like to ask all the experts in this column.
    I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

    - Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
    - If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

    Thank you!
    :)

    1) You can enter US on your H1B visa even though you might have applied for I-485.
    2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.





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  • GCBy3000
    07-18 09:33 PM
    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN



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  • needhelp!
    10-11 01:11 PM
    bump.. TX members please attend conf call





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  • gc_on_demand
    01-08 02:47 PM
    Nothing positive? Check this out:

    http://immigrationvoice.org/forum/showthread.php?t=22242

    There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)

    Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.

    but if new administration makes USCIS to more productive ,closing door behind any one will not help.





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  • kirupa
    04-04 09:05 PM
    Just to give everyone another update, I am going through the judges' picks right now. I am hoping to have the poll up by Monday.





    desi3933
    03-25 11:56 AM
    Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.

    Incorrect!

    Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.


    ___________________
    Not a legal advice.





    obviously
    07-26 11:11 PM
    http://www.dhs.gov/xabout/structure/biography_0079.shtm

    Recommend that we contact the Office to present our inputs on the effects of the systemic problems in the current processing system.



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