Friday, June 17, 2011

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  • singhsa3
    09-05 07:31 PM
    Come on people, we are less than 2 weeks away from our destiny.
    All you have to do is to rise from your daily chores, just for one day and help make this event successful.




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  • mkiv
    05-21 12:34 PM
    You must send the letter from your original employer if you have not used AC21.




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  • perm
    07-11 04:56 PM
    Is this true...? if it is, USCIS is in big trouble.

    5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22


    link not working




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  • msp1976
    02-12 10:28 AM
    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!

    I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....

    Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....

    About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..



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  • aniltatikonda
    02-08 04:39 PM
    This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

    http://immigrationvoice.org/forum/showthread.php?t=16188




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  • ashkam
    07-24 01:28 PM
    Ravi
    This is what my lawyer says about mergers:

    If your job (description, location and salary) remains same or similar under the new company:

    If the 485 has not yet been filed, you are required to amend the 140. You can file amendment and 485 together.

    If the 485 is pending, in most cases do nothing. After 180 days, you are safe, anyway.

    If your job has changed :

    If 485 has not been filed, you are in trouble. You have to start the green card process over, but you keep your priority date if 140 is approved.

    If 485 is pending for 180 days, the jobs need only be similar.



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  • zvezdast
    07-02 05:50 PM
    There is hope....




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  • sanjay02
    10-17 02:19 PM
    I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.

    1) Marriage certificate( If ur married :-))
    2) All your transcripts for your schools
    3) Passports
    4) H1-B, EAD, AP copies, I-485 receipt # copies.
    5) Any other communications you had with USCIS copies of it.
    6) W-2 for last 3 yrs( if you have them), pay slips.
    7) Employment letter from your employer
    8) AC-21 etc.
    9) Copies of your utilities bill, mortgage/lease papers.
    10) Birth certificate of all applicants.
    11) Family photos etc ( optional).

    Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.

    Thnks



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  • redgreen
    08-05 10:23 PM
    As far as I know there is a Malayalam IPTV service available for North American viewers. It is called "BomTV" (Best of Malayalam TV) with Asianet (4 channels), Jeevan, Jaihind, Shalom, Powervision, etc. You don't need dish or cable or computer and you get HD transmission on your TV. You need high speed internet. You may check for more details at:

    BoMTV (http://sites.google.com/site/bomtvboston)




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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?



    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.
    Cao



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  • xbohdpukc
    09-25 02:45 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.




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  • raysaikat
    07-13 01:15 AM
    Hi Ann:

    I would like to ask related questions in this thread..

    what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
    If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
    Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

    Many many thanks for your response...

    You must be physically present in US to submit I-485.



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  • software7
    05-27 11:34 AM
    I would like to share my I485 experience.

    1.Brief History and Denial reason.

    Did I485 interview at local office in Jan 2009.
    Got Denial notice stating that I485 filed when dates are not current.
    This is not true. Filed I 485 in 2007 July Fiasco.
    Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
    Got I485 receipt in October.

    it was denied due to clear error.

    2. Filed Service MTR with out filing Fee ( as this is service error)
    Did not get any communication for 3 months.
    In between took info pass couple of times and it did not help.

    Wrote letter seeking help of senator explaining situation.

    Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

    Did finger printing in May.

    Since dates are not current, I am not expecting any approval.
    AT least I am happy that. case was reopened.

    I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


    .




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  • sledge_hammer
    04-15 07:46 AM
    See my answer in blue ...

    All,

    I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
    1) I work with a company who applied for my labor last year, its approved and now they are filling 140
    2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
    3) My wife works in a company who wont apply for her Green Card they dont have a policy
    4) Her visa expires after 2 yrs ...
    5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
    6) Assuming she gets 140 in next 2 yrs before her visa is expired.

    Questions .....
    a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
    No
    b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
    Depends largely on the attorneys. Anywhere from $2,000 to $7,000
    Experts please guide me if this plan would work and if yes how much would it cost me ...

    Thanks in advance ..
    Lalit



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  • dingudi
    05-08 08:42 AM
    I had all my records for vaccinations. But a friend of mine completed 3 vaccinations last july 2007. The civil surgeon put the dates for these on the form. For others the civil surgeon did the same thing , that he checked the "not appropriate age" but did not write anything like "child record not found" under the dates.He just left it blank. Also he checked the "eligible for waiver" in the field below. I am sure lot of cases are similar to yours.



    I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

    We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.


    Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

    With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.


    Please suggest how we can handle the Medical RFE ?




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  • sundeep14
    11-14 11:07 AM
    Good Replies / Discussions ...



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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.




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  • gc_eb2_waiter
    11-16 04:08 PM
    From immigration-law.com

    Senate Passed S. Res. 299 Recognizing Festival of Diwali

    On November 14, 2007, the Senate passed the following resolution:
    Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
    Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
    Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
    Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
    Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
    Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
    Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
    Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
    Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
    Resolved, That the Senate--
    (1) recognizes the religious and historical significance of the festival of Diwali; and
    (2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
    Congratulations to East Indians.

    :D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
    I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
    :D:D




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  • morchu
    06-01 04:44 PM
    If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

    USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

    At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

    Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.




    gc_bulgaria
    11-25 09:22 PM
    I called TSC and spoke to someone. Forgot to get the date though. Will do so tomorrow.

    1-800-375-5283
    1, 2, 2, 6, 1
    Now enter your receipt number
    1, 1 (now listen to the case update info)
    3, 4




    pwilliams960
    02-07 12:02 AM
    The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.



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