Friday, June 24, 2011

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  • bang
    01-09 06:43 AM
    My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.

    So i dont think there's any new rule.

    if you have a valid I94 then it should not cause any issue
    Sreedhar where did you apply for SSN ? ie which city ?





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  • GCOP
    04-20 02:47 PM
    I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.





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  • sintax321
    09-04 03:32 PM
    You are right that picture explains everything=)





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  • eb3_nepa
    10-02 12:33 PM
    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?



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  • gc4arun
    08-03 09:41 PM
    Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.

    I am waiting as well:) EAD abt to expire, not used though.Keeping my fingers crossed, and opened 2nd service request after 45 days of the first SR( did not receive any email for first one) and no response and took infopass appt for 5th august Do not know if NC etc has been cleared or not





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  • martinvisalaw
    06-15 04:52 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely

    1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

    2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

    3. Yes, you can apply for an EAD and AP with the 485.

    4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

    5. I will send you a private message re fees. Thanks for the inquiry.



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  • GCBy3000
    04-17 10:39 AM
    yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.

    You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).





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  • krishmunn
    05-05 07:52 PM
    Soltan

    I am assuming you never filed your 485 with old company .

    In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.

    But you cannot directly use the old 140 for filing a new 485



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  • hsbaluja
    09-24 01:48 PM
    Backlog... This word is not in dictionary of USCIS.
    USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..

    USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY





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  • new_gc_guy
    03-26 07:54 AM
    I used jet last week... 1208$ great food and service.. and the inflight entertainment was awesome !:D



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  • h1techSlave
    07-24 09:48 AM
    2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

    I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.

    I think the nitty gritties of these things has to be worked on with a good immigration lawyer.

    Cheers,
    h1techSlave





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  • dreamworld
    11-30 04:00 PM
    I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?

    Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.



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  • desi3933
    03-03 12:30 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Its not even for ENTIRE employment based category either.

    As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

    PD can NOT be ported for EB-4 and EB-5 either.

    __________________
    Not a legal advice.





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  • tisha
    11-05 03:17 PM
    Hi,
    I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
    1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
    2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
    3. After filing the I-140 can I travel or do I need a special permission?
    Thank you very much for your help



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  • reachinus
    07-16 06:53 PM
    Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.

    Hi There,

    If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    So u say that people on H1 should not have wife and children????

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
    You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.


    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
    H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.


    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
    What do you mean by that???





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  • tikka
    05-29 04:00 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
    Dont think anyone can really guess if EB 3 will be current by July.

    Please do take a few minute and send web faxes!!

    Thank you



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  • pnjbindia
    10-08 03:07 PM
    Monkeyman,
    I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..

    If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).





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  • jettu77
    07-17 06:40 PM
    So, they were decided on July 13th itself...

    Department of State Publication 9514
    CA/VO:July 13, 2007





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  • seahawks
    07-18 09:42 AM
    I agree, the opportunity and benefits to file 485 far outruns anything else.





    freddy22
    07-20 09:34 AM
    The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.





    mhathi
    03-25 06:43 PM
    no it is SUSTAIN act. Not Strive. SUSTAIN only has H1 visa increase... So it will ensure that retrogression and backlogs are sustained... :)



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