Wednesday, June 29, 2011

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  • bharat2008
    08-17 07:25 PM
    Hi all,
    I am currently out of USA.My new employer has submitted H1 Transfer and extension of stay.
    The petition has been approved along with new I-94. I have the original I-797 with me .

    I understand that we have to surrender I-94 before leaving USA.But in my case I got I-94 after I left USA.Now I need to go for visa stamping in India.

    Should I submit the new I-94 to the US consulate in India?

    Please advise.

    Thank you




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  • ravinaidu
    11-10 02:19 PM
    Guys: With economy in such a bad state, how do you think he can even think about the immigrants. People are being laid off every day. I can see anger building on the face of Americans when they see foreigners. It will be a while before our voices are heard.




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  • martinvisalaw
    09-27 06:32 PM
    So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??

    Not recommended - CIS will reject a H-1B without a certified LCA.
    [/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]

    The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.




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  • India_USA
    07-02 10:09 AM
    Aspect #1
    Close to 90% of the population--excluding Native Americans and those who were forced here in shackles--moved here out of their own volition.
    Not that this has made things any easier for immigrants. In the 1850s the nativist Native American Party--reacting to a wave of Irish Catholic and German immigrants--declared that America faced "an imminent peril" from immigrants "of an ignorant and immoral character." California in the late 19th century tried to ban Asian immigration and land ownership. In 1924 immigration from everywhere outside northern Europe was severely restricted.
    Aspect #2
    Only immigration can provide the labor force, the expanding domestic markets and, perhaps most important, the youthful energy to keep our society vital and growing. Many bustling sections of American cities--the revived communities along the number 7 train line in Queens, N.Y., Houston's Harwin Corridor, Los Angeles' San Gabriel Valley--are dominated by immigrant enterprise. In contrast, the cities without large-scale immigration, such as Cleveland, Pittsburgh and Cincinnati, have stagnant and even declining populations.



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  • nkavjs
    11-05 01:37 PM
    My suggestion. One of my very close friend who is also working for same employer as mine is exactly in same situation as yours.. only diff. she is on H1. Recd. her EAD, FP notice.. but no AP yet. She needs to fly on Nov 10. She got infopass appt. for requesting expedited AP. She was asked to bring along EAD and AOS receipt notices, her travel reservations and any document pertaining to travels.. her passport and Visa papers.. SO this way they could process or request AP on expedited basis. Hope this helps.




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  • ektha123
    12-12 03:41 PM
    some where i read in the forum if we leave the country without the approval of ap our 485 status will be abonded.



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  • camphor
    12-07 04:10 PM
    I am not sure what is the process after fingerprinting. Can someone please clarify?

    I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?

    I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?

    I would appreciate any pointers / links




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  • prem_goel
    07-09 01:27 AM
    yes there most likely will be an RFE asking for her paystubs...looking at the current trends. You might try her stamping H-4 instead. People have a higher rate of success there. For her H-4 stamping, they just might ask for your paystubs....but thats also not a complete guarantee.



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  • hl
    04-01 10:03 AM
    Yay, I get to be .harish for a day!




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  • gcseeker2002
    01-02 12:56 PM
    I have been in this country close to 11 years, and have PD of Feb 2004 EB3 India, and am thinking if I could apply for EB1 through another company than my employer. I am currently using EAD to work but I recently met someone who got GC through EB1 having started the process in 2008. I am really frustrated with the EB3 progress and have no hope so was thinking of this option. I have Masters with about 13 years of experience. Just wanted to check out if any of you are having similar thoughts and if this is a possible route ?
    Also , is Labor substitution still a path or has that been blocked out ?
    Any useful responses appreciated. TIA.



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  • fromnaija
    09-12 07:28 PM
    My friend has a question. His wifes H1 got approved. As of now she doesnt have job. What if she gets job in dec/Jan. There wont be any pay roll for october and november. Will this create any problem at the time of visa stamping in India if she goes for vaction later in next year.

    Is there any time limit to Start working after october.

    If you know the answer correctly please write,

    Not an answer but a question. How did she get H1 without a job?




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  • h1vegas
    06-11 12:00 PM
    can i do it by myself.
    please guide me to the right thread or if you can mention what documents i would need to apply for new AP along with the renewal of EAD



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  • lovealways1234
    05-13 03:00 PM
    Greetings all,

    I am new to Immigration voice and feel very blessed for finding the site.

    Here is my situation I am a green card holder since 1996. However I waited until now because I had I received probation before judgment in 2003. The case was expunged in 2007. The conviction was Annotated Code of Maryland article 27 , section 146 (c )(1 ) stipulating that : Any person who violates any provision of subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.

    According to the information I found on USCIS, you can not have any conviction in the five years preceding your application; It looks like I should be fine. I am ready to apply now and it has been a good obedient green card holder for 6 years now, I don't have any issue with the law since 2003.

    I am also married to a US citizen and have three children (all citizens). I was able to get all my information from the court prior to the expungement as well.

    Please let me know what you think. Thanks you so much.




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  • vijay0101
    06-21 12:13 PM
    yes still labor transfer is possible ..But you have to very carefull.. you need to find what was companys financial position at that time when labor was filled. wheather you were fullfiling your experience as required in Labor at that time... and you need to check the companys situation if it is not blaclisted by DOL.

    It is just my openion you can check with attorney's.



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  • happystar
    08-22 05:53 PM
    i submitted my 485 one month ago but still haven't got receipt. I just got a new job offer from a big company, which i really dont want to reject. if i transfer my h1b now, will be 485 get rejected immediately? or my h1b transfer will be rejected? thanks for your advice!




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  • MetteBB
    05-20 12:05 PM
    well if u hadnt said anything I for one wouldnt have seen it :cantlook:



    /mette



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  • yestogc
    10-08 01:11 PM
    I was going through the processing times bulletin which they normally release around 15th of every month and noticed that though date at top says (Posted: September 28, 2008 ) but before the list starts they have written
    .................Service Center Processing Dates for Nebraska Service Center as of: July 31, 2008.

    Now what is that, have they lost track of dates being considered as of today.............. I can understanb things might standstill for I-485 (dues of non availability of visa numbers), but what about I-140, for last few months it does not jumpout of that March shell.

    Also what do they mean by as of July 31, 2008, can we not know someohow as of October 8th or September 28th, what cases are they considering .

    Here is the link
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC




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  • aspiration
    06-24 03:42 PM
    There are only two options of $50 and $100 for recurring contribution.. Can we start $25.00 or $20.00 denomination again to attarct more members for monthly contribution and start drive again ?




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  • Locorecto
    08-05 11:19 PM
    I have a very complicated case, and I need some answer that can release me from all this stress.

    I came to the United States country in 2007 with a F1 visa. I won a scholarship sponsored by the government of my country to complete a bachelor degree. I was sent to a community college to improve my English skills. I finished my associated degree at the community College last spring 2009. Since my school only issued the I-20 until June 2009, my visa was also issue until that date. Therefore, my visa is already expired. However, already got accepted into a 4 year college and I am starting in Fall 2009, so I am still under F1 status.

    The institution that is sponsoring my scholarship agreed to pay for my bachelor. However, they are requesting all scholarship students to change their status to j1 by the beginning of spring 2010. If I don't do it, I will lose my scholarship and therefore my status since I don't enough money to pay for the very expensive tuition. The institution wants us to go back for two years after we finish our bachelor, so they forcing us to change our visas.

    I have been living with my girlfriend since last year. She is a Permanent Resident since 2003 . She is planning to apply for citizenship on February 2010. We are planning to get married by the end of this month (August). I need to go back to my country to change my status to j1 by the end of the fall semester, so I can keep my scholarship.
    Here are my questions:
    Might getting married now increase the risk of been rejected when apply for J 1 visa?

    When would be the best time to get married?

    When would be the best time to apply for green card? (Summit I-130, I-485, I-765 and G-325)

    My fiancee and I don't have any problems with me going back for 2 years after I finish my studies, as long as I come to visit her about 3 or 4 times in the period of 2 years.

    Thanks for your help.




    Saralayar
    08-18 12:34 PM
    Soumya,

    Very legitimate question- don't know if anyone here will have a good answer (I hope so) but I hope you get your problem solved. I would advise a consultation with a good attorney, this is a very important matter for you. Some attorney's will answer an initial question free on the web- gives you some preliminary info.

    All the best!
    Look into the USCIS travelors information website. That has a seperate FAQ for adoption.




    gcfriend65
    12-06 10:46 AM
    USCIS had been given strict guidelines to process all cases within a six month timeframe depending on the type of the case. But many cases have come to light which are not seeing the light of the day.

    How about filing our taxes on April 16, but not on April 15.



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