Tuesday 28 June 2011

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  • piyu7444
    03-16 12:05 AM
    Myself(Husband) & mywife both came on H1B from same employer.
    My son got H4 visa through my wife H1B visa.
    I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
    My Wife is taking permanent job with EAD (EAD is through my Greencard process)
    If employer cancels my wife H1B she will come to EAD status.
    I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
    My son got Advance Parole and 485 pending status through my green card.
    Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?

    His status is AOS. Unless a decision is made on your GC he needs no other visa or documentation to be in USA. If your GC application gets denied (Should not happen ever) then you lose AOS and you will have to talk to an attorney to see how long you can be in US - for the sake of filing an MTR etc.

    Once a person files for 485 and application is pending a decision they can be in US without a VISA. If you travel outta US and needs re-entry that could be done useing AP. Hope this helps........




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  • cr52401
    10-02 09:54 AM
    Hi, I just got my 3 Years extention and planing to co ouside of us. I know I need to get the visa stamped. I need to know where should I start. Do I have to cotact the embassy forst. Thank you for your help.
    :o




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  • chanduv23
    09-15 10:23 PM
    Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.

    If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?

    Now make up your mind and drive and meet other mid-westerners in DC.

    I know one mr Gan*** - who flew to Nebraska with a Substitute labor and i 140 petition on the last day before labor substitution was banned. Mr Gane** also filed for 485 after the fiasco and we had a drink together because he thought he did a marvellous job as he is just 2 months old in US and has just landed in a consulting job and already applied 140/485 during the fiasco.

    But he is not willing to hop onto my car, lives 5 miles from my place in Queens, to go to DC.

    This shows the poor attitude people have towards grassroots efforts.




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  • pappu
    06-10 05:46 PM
    This is allowed since the laws are not very specific yet on 2 concurrent applications even though they recently brought out a rule on multiple filings by one employer and multiple perms for diff. positions for one employer. However you need to puruse it at your own risk. lawyers are happy and might even encourage you since they will get double the fees. In the I140 stage there is a column where you have to say if you have any other immigration application that is pending or has ever been denied. also I have heard that USCIS has been scrutinizing more carefully multiple applications especially after the bi specialization of the centers. Basically you don’t want to give an impression that you are doing fraud, because green card is only for a future employment for one employer. People have been doing this multiple application and labor substitutions in the past and authorities have been coming up ways and means to stop this or pass it through careful scrutiny.



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  • sunny1000
    02-21 10:57 PM
    I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
    I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.

    They give 180 days to file...what stops the person from filing for the I-140 within the 180 day window in the first place? Are you talking about labor substitution? If so, they got rid of it because of extensive abuses and so, don't count on it.




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  • sss9i
    03-01 12:18 AM
    Hi,
    My attorney filed for H1B extension.
    Unfortunately, by mistake LCA stating dates from 07/31/2007 to 07/30/2010.
    but I am only qualify upto 06/30/2010 as per 6 year H1B limit.
    Atty, told me that 1-129 going to file upto 06/30/2010.
    Is it o.k.
    I will appreciate your input!
    Thank you



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  • delhiguy
    06-23 08:51 AM
    Dear Attorney.

    I would really appreciate your views on this.

    My Company says that the Minimum Job requirement for the my JOB is
    5 years of progressive exp in developing applications in JAVA
    and there in 2 years of experience in mobile systems.

    I have 6 years of progressive experience in Java, and 4 years in mobile systems. Do you anticipate any issues with an EB2 approval.

    I always thought eb2 is ms/bs+ 5 years of progressive, i never know it could be bs + 5 years in core skills and 2 years in others.




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  • Sesame
    10-03 11:51 AM
    Anyone of you who has been fingerprinted and had interview with USCIS,

    How long did you take to be given a schedued appointment for interview after the fingerprint? Did you have an interview right after the fingerprint?
    Is that possible to have it both on the same day?
    I am asking you because I would like to travel outside of the country with AP as soon as I have my fingerprint done.
    If I would be nortified of the interview date right after the figerprint, I would rather stay to finish everything before travel. That way, I won't cause any troubles, right?

    Thanks



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  • smuggymba
    10-13 11:35 AM
    Hi folks

    We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
    (TOOK ONE MONTH APPROX),
    Now the question is,
    I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????

    Any seniors had experienced the same situation?????????

    Pl advice

    JAGGU BHAI

    u can come back on OPT only if you have a valid and current job offer. On F1, u have to come back on stamping.




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  • lostinbeta
    10-05 01:38 AM
    Well then here is 2...lol...

    You can also save as a .png image, this allows for partial transparency (sorta like some parts of the image are at a lower alpha while other parts are solid). This uses up more system resources than a .gif though. It can produce some very nice effects if used right, but there is that resource usage issue :)



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  • pappu
    01-24 12:25 AM
    lot of members these days ask about various companies. You may also want to directly ask the company too all such questions.

    http://immigrationvoice.org/forum/showpost.php?p=43890&postcount=19




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  • walking_dude
    10-17 10:43 AM
    Ever heard of the adage - 'Too many cooks spoiled the broth'. If every one here starts creating their own 'Action Items' here, confusion will abound - which one is Official (IV sponsored) and which is is proposed by an individual member!

    If you're interested in creating 'Action Items' of your own - join the State Chapters, share your ideas with other members and chapter leaders. If there's enough support for it in the group, chapter leaders will take it up with the Core. Once sanctioned by the core, it will become a real 'Action Item' on IV.

    Lets follow this process, for the benefit of all and to avoid confusions.



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  • kirupa
    05-06 06:22 PM
    It looks nice :) I've added your stamp up!




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  • vxg
    11-07 11:49 PM
    Gurus,
    I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?

    Is it possible, please advice.

    Thanks

    My attorney said same i.e. no issues known so it will be OK however as a lawyer he says small Possibility of screwup.



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  • RDB
    08-24 04:56 PM
    Guys,

    Has anyone experienced this?

    EB3-I
    PD - Nov. 2005
    EAD/AP RD - July 11th, 2008
    EAD/AP Notice Date - July 18th, 2008
    EAD/AP approved - Aug. 18th, 2008

    I just received EADs for me and my spouse and the validity is only 1 year! Aren't we (people whose PDs are retrogressed) supposed to receive EADs with 2 years validity?




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  • gchopes
    11-23 11:43 AM
    Can I apply for H1B stamp on the same H1B approved petition (not yet extended since I still have a year remaining on it) that I had when I returned on AP last year instead of H1B stamp? The reason to apply for H1B stamp this time is because of AP delay. I am hoping this memo says yes. Any thoughts?

    Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.



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  • HV000
    09-30 10:22 PM
    Thanks For The Post!!




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  • WeShallOvercome
    07-18 01:00 PM
    Looks like I am the only one in this situation... rough!

    No my friend , you are not alone here.

    My employer did not allow us to file EAD and AP for employees. Only for spouse) and I was wondering if I can file myself. But I don't think we can do it without a receipt notice.

    As far as new fee structure is concerned, we'll be better off paying the new fee compared to the old fee and attorney fee combined.




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  • leo4ever
    03-18 10:10 AM
    It can be corrected. You employer need to change your base pay to 5500 from mar and it will get paid as regular salary. It should not have to be bonus. Don't worry talk to your employer and its a simple and common adjustment.

    Thanks,
    Leo




    parablergh
    09-01 04:55 PM
    You will need to file an I-824 (USCIS - Application for Action on an Approved Application or Petition (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dd153591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)).

    Please note that these applications typically take 3-5 months. Current processing time at USCIS: CSC is three months.




    ssdtm
    06-24 10:10 PM
    Do we need to send the copy or the original of the Employment letter for filing 485?



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