Thursday, June 23, 2011

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  • morchu
    05-29 02:30 PM
    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.

    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.

    Hi,
    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    Thanks.





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  • malibuguy007
    10-17 05:00 PM
    I like LCS Inc ( Lion's Capital Services Inc ) based in Fairfax , VA. Very good terms and easy to work with. The good part is they are pretty flexible. If you need contact details PM me.





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  • chadoubra
    06-21 01:38 PM
    i'm going to make an appointment at the local USCIS office and see if they can help. if they can't, i'll apply for the I-539 straight away. thanks!





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  • Ann Ruben
    01-08 09:39 PM
    Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.



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  • zeal2005
    02-11 12:25 PM
    My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.





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  • prdgl
    02-18 09:45 PM
    I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


    Which one is best to do ? Your suggestions please.



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  • j751
    04-22 07:20 PM
    I filed I-140 at NSC on 07/27/2007 LUD - 01/02/2008, but my current case status reads as below

    The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.


    The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated





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  • aubGC
    02-06 09:01 AM
    All EAD renewals for the applicants whose I 485 was filed before August 17, 2007 have to pay $340 as renewal fee.. No exception.. no consfusion.

    If you dont send check and pay incorrect fee, more delay or chances of rejection...Hope it helps..



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  • meetpravee
    04-04 11:23 PM
    Let us know what you hear from your attorney/friends/forum about this. I am sure a lot of people would be interested in this. I sure am.





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  • kris101
    07-25 12:11 AM
    Dear psaxena,

    I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?

    Thanks



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  • h1techSlave
    06-21 08:16 AM
    This also demonstrates the lowering standards of education in this country.

    if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
    -------------------------------
    Female Homeowners Sadder, Fatter Than Renters
    John Carney|Jun. 18, 2009, 11:27 AM|comment27
    Print
    Tags: Economy, Housing, Housing Crisis

    Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.

    Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.

    "Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com

    But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.

    "I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."





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  • 140jibjab
    01-11 11:06 AM
    When you apply for H4 for the new wife. Make sure you take the follwoing:

    1. Divorce Decree.
    2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
    3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

    All the best

    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • chanduv23
    06-18 02:24 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?


    Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section





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  • googlegc
    04-07 12:56 PM
    You are lucky!!

    Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.



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  • srini1976
    04-15 12:36 PM
    Congrats :)





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  • sangmami
    08-16 09:27 AM
    we sent 3 seperate checks for each family member



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  • Raj_2009
    12-16 03:37 PM
    Hi experts,

    I need some expert advice for H1B transfer case and vacation plan.

    Background:
    I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

    Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

    Legal opinion
    But my attorney says that

    1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
    2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


    Questions:

    But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

    I have few below questions regarding the situation that I have. Kindly answer my questions..

    1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
    2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

    3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
    4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
    5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
    6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.


    Kindly provide your honest opinions so that I can take my decision for my future.

    Thanks,
    Raj





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  • martinvisalaw
    08-07 04:08 PM
    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?


    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.





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  • GCOP
    11-08 07:17 PM
    245i applicants ( the people who were out of status) were allowed to file for adjustment of status under LIFE ACT of year 2000 passed by congress. There were no additional Immigrant visas approved for these applications and they are being issued visas from the regular quota.
    Following is the link for LIFE ACT
    Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)

    We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.

    EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
    WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).





    ragz4u
    06-22 02:26 PM
    IV core team itself is not active these day.

    Read my other post about what IV core is doing currently. Also, just FYI, we had a conference call last nite which went form 9.00 PM to 11.15 PM EST. And this was not the only call this week.

    We have already started looking beyond the CIR and so has QGA. Aman and Shilpa went to an important House Related event in DC and met with some of the house representatives (in person) whose names you see in immigration articles every single day!

    So, in a nutshell, I am happy to see the initiative by Ghost to take IV further. Please support him instead of trying negate it!

    Do not forget that the only other option to fighting for our rights is to keep quiet and suffer daily for years. There is not a single person in the core team and nor many members in IV who are willing to give up before a good fight.





    little_willy
    08-20 01:56 AM
    ^^^^^^



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