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  • Rohan99
    10-29 01:27 PM
    thanks for reply,
    One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
    My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.

    Thank you..


    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.





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  • somegchuh
    05-24 03:46 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?
    6. With AC 21 gone will you be able to join new employer based on H1 receipt?





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  • va_jan_03
    06-07 10:57 AM
    can't make it to DC, made a contribution.
    Transaction ID: 94R50453J99520901

    Good Luck !!!





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  • santb1975
    12-10 08:17 AM
    For question 2 - you just have to put a reminder for yourself and make a contribution of 10$ every month to donations at immigrationvoice.org. May be this can be done on par with the rent/ mortgage/ credit card bill/car payment that happens every month

    Hello-

    1) Is it possible to allow minimum ONE TIME contributions like $10?
    2) Is it possible to allow minimum RECURRING contributions like $10?

    When I am talking to my friends, we felt that the above things increase the
    Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

    If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

    My Contributions:
    $50 Recurring Contributions from Nov 07.
    Contributed $100 for the DC Rally.
    $25 to the local Northern California Chapter in Oct 07.
    Contributed to AILF $100 during the July visa bulletin time.



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  • ras
    02-11 08:03 PM
    http://www.thedegreepeople.com/eb-petition.html

    So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.





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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"



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  • milind70
    06-09 02:24 PM
    What is the InfoPass # to call. I'm in the same boat. PD: Dec 2003 EB2

    GCMan,
    No number to call for infopass, you have to book appointments thru the web. I havent taken infopass for a while but no telephone numbers.





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  • paskal
    11-09 11:47 AM
    to those who replied, i'm sure iv can use all your skills
    please make sure your profiles are completed, we cannot proceed without basic contact information on you.

    we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...

    everyone willing to help is welcome. please do not forget the profile!!!



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  • manderson
    07-17 10:43 AM
    if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.

    as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
    - copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
    - substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs

    Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.





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  • eastindia
    05-14 04:15 PM
    It is time to pass the DREAM Act.



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  • Stan09
    07-17 11:35 AM
    Anyhow, this is not the point. The point is - except but official fees employer MAY request reimbursement for H1B. My employer charges me with $4000 for h1B expenses (and those 1500 are not included into this amount). And I have not seen bodyshoppers stupid enough to include this provision into contract _without_ making special references as to which court and under which state law will be used to resolve possible conflicts. Bodyshoppers are very smart in everything that concerns money.





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  • pappu
    06-17 04:11 PM
    /\/\/



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  • ras
    05-24 12:17 PM
    EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.

    Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.

    The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.

    Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..

    Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.

    Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...

    If anyone knows more or can confirm this, that would help...

    Thanks!

    --Karthik


    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate





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  • Macaca
    02-09 12:47 PM
    (don't hate me, I'm English).


    Please don't flame me, I am trying to be honest.

    One of my Deans used to have this poster in his office : No Guts, No Glory!



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  • deecha
    02-26 12:28 AM
    If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

    All these forms are available at the USCIS website.

    They will ask you to come for fingerprining at a biometric center in a few weeks.

    After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

    Goodluck with the process !

    Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.





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  • perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????



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  • Tejas
    12-18 12:31 AM
    Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.

    For MTR - Brief / Evidence need to be given within 30 days of denial.
    For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
    In either case, 290(B) have to be filed to keep it going.

    Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

    Hope this helps.





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  • ashishgour
    09-10 11:11 PM
    Ordered 2 T-shirts n 2 IV Caps..
    See u all in DC..





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  • ilikekilo
    04-13 10:07 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,



    not sure who your old company's brokerage firm is however u should be able to shit all ur 401k to a roth IRA or whatever, however iam not sure abth te tax consequences...calling them is the best way to get ot know more





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    Obama in Democrat.





    umangini
    04-13 07:23 PM
    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks



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