Wednesday, June 29, 2011

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  • kv_ajay
    10-19 12:06 PM
    Thanks for the quick reply!





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  • dealsnet
    09-07 11:30 AM
    Only he can file I-130 for brother/sister. It is his petition.
    I-485 need to file when your PD need to be current.
    Indian Bro/sister need to wait 10 years to file I-485.
    So you can file I-485 in 2020 AD.

    Hi,

    Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

    In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
    Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

    Thank You,
    Anil





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  • Photogenius
    04-16 03:15 PM
    welcome to the forum!

    I like your stamp! bit gory though! Dunno if it adheres to the rules etc. but i like it!





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  • r1977maharjan
    10-08 08:06 AM
    In our 485 notices, Under the section, it is stated as Unknown. priority date is blank. Please let me know if anyone is facing similar situation and what needs to be done to correct it?

    Please give some input
    Thanks



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  • supers789
    01-02 12:59 PM
    Case Summary:
    * Employer A = Previous Employer with whom I have my I-140 approved
    * Employer B = Current Employer. I do not have a PERM or I-140 approved with this employer. I used my I-140 with Emp.A to get a 3 year extension when I transferred from Emp.A to Emp.B [So now, due to this extension, I have my H1-B approved upto Aug'08 instead of June 2006, which was the end of my H1-B six years]
    * Employer C = Future Employer. I am planning to move from Emp.B and join this Employer now.

    Question:
    Can I use my I-140 from Emp.A to get multiple 3 year extensions with Emp.C when I change my job from Emp.B to Emp.C, or after joining Emp.C ?

    [Please note: I do not have an approved I-140 from Emp.B at this time, and I have used my I-140 from Emp.A once to get a 3-year extension when I transfered from Emp.A to Emp.B. Can I use it yet again when I move to my third Employer, Emp.C or when I transfer my H1 from Emp.B to Emp.C]. This is assuming that the dates will not be current when I transfer or file for extensions.





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  • pali
    10-31 06:51 PM
    Hello can anyone tell me the procedure to file I-539. I overlooked my wife's H4 visa (assumed visa will be renewed when i get my H1 renewed at consulate). I am looking for information to file for I-539

    Also My wife's visa expires on Dec 9th 2007 (I94 expires on Dec 20th 2007). Is it possible for my wife to stay beyond Dec 20th if i dont receive the H4 renewal by that date. I am planning to file I-539 by Nov 8th 2007

    Thanks in advance



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  • werc
    04-04 01:54 PM
    Smmri,
    You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.

    If you need a reference ,PLease refer to the AC21 provisions.


    I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

    Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?





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  • qualified_trash
    10-10 03:24 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html



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  • CRAZYMONK
    07-26 11:38 AM
    If the approval notice contains I94 no need to leave the country otherwise you need to get the H1B Stamped.





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  • hnordberg
    June 12th, 2004, 12:28 PM
    The one with the girl and the waterfall is a masterpiece! It makes me curious about the situation. Where was it taken?



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  • andy garcia
    11-30 10:38 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.

    Not according to this:

    8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
    (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
    The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
    (1) the alien makes an application for such adjustment,
    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his application is filed.





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  • ElusiveCard
    11-30 10:00 AM
    Hello All,

    If my priority date is current as of November bulletin, do I have time
    until 30th November to mail the I-485 application?

    Or does the DOS need to have received the application on or before 30th November?

    And if I am in California, where does the I-485 application physically go?

    [Its a long story why I didn't when the doors were open in July-Aug]

    Thanks!



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  • braindrain
    10-17 01:03 AM
    I am planning to sponsor for my in-laws and have a list of all the required documents, but I have a question about the financial/property documents they need to to take. The reason being, my father-in-law is retired and since then they have been living based on he pension and rental from some of the properties they own and have not filed tax returns.

    Will getting the property evaluation and showing cash balance sufficient OR do I need them to take any additional documentation. Their source of income is just the pension and rental properties. Since most of the transactions happen in CASH in India, they don't have bank statements or records to support the rental property, except for the original property documents associated with the rental properties.

    Since I am the sponsor, I have got all the required docs from my side both immigration and financial docs properly. I believe, my in-laws also need to get the property and other docs handy to prove the ties back to the home country.


    Please advice...





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  • dan19
    01-11 04:13 PM
    Try for next year. Apply in April itself!

    Guys:
    Does anyone know what is the current count on H1-B Visas left for the year 2006-07 ?

    I know I may sound stupid and probably the answer is that it is already complete, but wanted to confirm.

    Also, when would the next years quota become available and when can one start working at the earliest ?

    Is there any other way to file for H1-B now and work..?

    Thanks



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  • aray
    05-27 04:05 PM
    Hello,

    Has anyone used ICE MILLER as their legal counsel (immigration attorneys)?

    I am planning to use AC-21 provisions to change jobs. My new employer is going to use ICE MILLER in Indianapolis to process my H1-B transfer.

    I was wondering if anyone could share his/her experience with their staff and general suggestions. I would like to use them for any RFEs or filing any AC-21related documents.

    Thanks in advance.





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  • pdt
    06-14 03:51 PM
    NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?

    Thanks a lot.



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  • sw33t
    07-25 04:30 PM
    Come on guys. I know there are more than 13 IV members in Texas.

    Please join the texas chapter. We have some exciting times ahead of us so lets get together and make it happen.



    http://groups.yahoo.com/group/texasiv





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  • vsrinir
    09-16 03:23 PM
    I called TWICE, and planing to call till tomorrow as many as times.


    vsrinir,

    Thanks for sharing links on different threads. My only question to you is, did you call seeking support for HR5882?

    If not please do so, everything else can wait. Let's do our part folks.

    .................................................. ......
    $470 + done all IV initiatives religiously.





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  • YetAnotherDesi
    09-04 04:35 PM
    Friends,

    I have the following situation, any help/pointers is much appreciated:
    - Have EAD (expired Sep 2010). H1B expires Dec 20, 2009.
    - I was informed sometime back that I am going to be laid off mid September (next week)
    - I am expecting another job offer (interview went well and most likely will get the job) and plan to start at that job late September / eraly October 2009.
    - The new offer that I am expecting to get is for the position of Senior Software Engineer, whereas my previous position (where I will be laid off from) was Software Engineer.

    So, my questions are:
    1. Is it still possible to transfer my H1B visa even though I expect a gap of atleast 2 weeks between the two jobs, or is it better to switch over to the EAD?
    2. Will it be a problem for my pending 485 application if my position changes to Senior Software Engr? (although the responsibilities in both positions are about 95% similar, few more responsibilities as a Senior Eng, thats all)
    3. If I end up changing over to EAD, what next steps should I do (wrt keeping my 485 applicationb alive and to inform USCIS that I have switched over to EAD).
    4. A few months before I got the notice of layoff, I got engaged to a woman in India. I would have preferred to get married by end of the year (would have applied for 1yr extension of H1b) so that my wife could have come over on H4 visa. Now, if I switch over to EAD, what are the options of bringing my (to be) wife over? Is this going to be a problem?





    loku
    09-30 08:38 PM
    Hello,

    I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.

    My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.

    Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:

    1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?

    2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?

    Thanks for your help and time. Please advice!!





    wandmaker
    11-17 01:48 PM
    Once your wife's starts using EAD, her H status is invalid (H1 or H4).

    EAD to H4: Fastest way to get back to H4 would be travel outside USA, stamp, and reenter using H4. You should be maintaining the H1 status all the time.

    EAD to H1: In my opinion, she can get back to H1 as long as her H1 is not expired. COS to H1 or extension can not be done past expiry date.

    Hope this helps!



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