Saturday, June 11, 2011

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  • philly2004
    08-26 12:55 PM
    Bluez25:
    Congratulations on your successfull interview.

    Can you share what form of marriage certificate you produced.
    I had my interview last week and the Mumbai consulate was not ready to accept the certificate that was given to us by office of registrar.

    They asked for a 'Memorandum of Marriage' which seem to be what married couples get in Maharashtra and Gujarat. I was married in M.P. and never received such a document.

    Marriage invitation, photos etc. were not acceptable to the immigration officer at Mumbai.

    your input will be very helpful.





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  • dartkid31
    05-17 11:30 PM
    That is true. This thing called "special handling" in common parlance is, thank god, not a hot topic of discussion. I hope this clause doesn't get weeded out given the current scenario where they have killed F4. I really wonder if "highly skilled" legal immigrants would ultimately get any benefit out of this bill. Limboland is where many people are - and at the end of the day you still get to live in Limboland and become its citizens by default.

    My two cents! :( :(

    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?





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  • antihero
    11-27 12:36 AM
    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.





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  • akhilmahajan
    04-11 03:19 PM
    Updating profile should fill up your information in the tracker.

    Will make a not of it.

    Thanks a lot.

    GO IV GO



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  • dpp
    10-28 02:56 PM
    Lynne,

    I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

    I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

    DPP

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne





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  • GC_1000Watt
    12-11 03:03 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.




    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.




    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    Thanks in advance.



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  • WeShallOvercome
    07-27 02:13 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)





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  • needlotsofluck
    07-28 12:05 PM
    Help, need to clarify.I need help in how to file I-131 for my minor child. I'm doing it myself.
    1.) Is my name be the one to be signed instead of my minor child's name on part 8 of form I131?
    2.) Should I fill up part 9 being the one who filled up the form?
    3. Do we have to actually follow the General tips on filing on USCIS site....http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Thanks



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  • GCwaitforever
    11-06 11:59 AM
    Concurrent H-1Bs are always non-cap.:)





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  • map_boiler
    04-26 05:45 PM
    The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.



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  • GcInLimbo
    12-01 12:28 PM
    Thank You for your reply. Here are the more specifics of the case in short and understandable manner.

    1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
    2) In February 2007 my company got an RFE on my H1B extension.
    3) In Mar/Apr 2007 my company replied to the extension with the requested information
    4) In Apr 2007, my case was transferred to Seattle Local office
    5) In June 2007, my I-140 got approved
    6) I-485 became current in July 2007, and we applied
    7) I started working for another employer in August and the H1B was approved in September.
    7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
    8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
    9) We later withdrew the application as she got her EAD approved and I-485 receipt
    10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.

    Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.

    Once again thanks for your input.





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  • a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.



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  • dollar500
    08-02 11:26 PM
    So for EB3 india the visa bulletin is stuck at May 2001. I did some research and looked into what happed in 2001 about the dates


    The reason is USCIS moved for nearly 2 years forward from JAN 2001 to June 2001. In July 2001 they made every thing current (isn't it kind of odd that in July 2007 they made everything current as well.)http://dosfan.lib.uic.edu/ERC/visa_bulletin/2001-07bulletin.html So I presume hundreds and thousands must have filed for their I 485s at that time. Curiously enough there are no visa bulletins from Aug 2001 to March 2002. But in Apr 2002 everybody is current. Surprisingly it stayed current until January 2005 when the retrogression hit again and they have to go back to Jan 2002.

    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??





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  • dbevis
    July 15th, 2004, 07:45 PM
    I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
    :)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)



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  • delhirocks
    05-31 01:21 PM
    This is the least we can do...





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  • genscn
    10-02 12:42 PM
    When you leave US, your I-94 attached to your passport (Old One) will be taken and once you re-enter, another I-94 (with same number as on your I-94 issued with your H-1B approval) will be issued and attached to your passport.


    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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  • dkjariwala
    03-30 08:36 PM
    Awesome. Congratulations and enjoy!





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  • mallu
    08-10 09:17 PM
    i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

    I think, similar to DOL backlog elimination centers, they will pull all the pending
    cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.





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  • jsb
    01-29 09:55 AM
    Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...
    If someone has truely heard that retrogression may end, it may mean that PD cutoffs can not move backward (thus making them think and work before cutoff date movement is decided). This makes sense, and should be the case in any sensible system.





    fromnaija
    07-20 11:24 AM
    File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

    Caveat: I am not an attorney so ask your lawyer if this is a feasible option.





    amsgc
    04-22 07:47 PM
    Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?

    I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?

    Thanks.



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