Monday, June 13, 2011

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  • amsgc
    09-10 12:08 AM
    You should request your new employer to do Premium Processing on your H-1B petition.
    You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
    If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.

    The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.

    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.

    The lawyers on this forum can advise you better.

    i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)





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  • glus
    12-29 09:54 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.

    Yes, this is correct.





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  • greenguru
    01-31 12:56 PM
    Hi ,
    Yes, it is possible.





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  • pagalForGC
    06-17 12:43 PM
    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...

    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.



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  • BECsufferer
    02-12 09:02 AM
    Totally support this. However as someone pointed above, please keep message short, cordial, respectfull, positive and patriotic ( towards US).

    I differ on describing, how much we make, instead how and what we contribute to nation. My sugestions, describe briefly if you are in;

    Medical Profession: Highlight how your service in under-previliaged area is uplifting life of patients and neighborhood.

    IT: How your work and company is making the nation more competent and advanced

    Automotove: How your work will realize green car revolution and create factory jobs

    Infrastrucutre/ Others: Same as above

    Aerospace/DEfense: How you are supporting our troops protect nation.

    Any other industry I missed, please fill in for yourself. Again be positive, cordial and no-demands.





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  • ramaonline
    03-23 06:11 PM
    Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
    You must report all income earned while filing ur taxes

    Please confirm with an immig attorney



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  • rsdang
    08-29 11:46 AM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.

    Guys,

    I had applied for my original H1 in London, First extension in Vienna Austria, and the last one in Delhi... and when i went to Delhi Embassy site - Since I was an H1-b holder already working in USA I had the option to apply at any consular office in India... I chose Delhi and will do it again in Dec at Delhi...

    In short - unless is consular processing you can choose any consulate/embassy you want provided you have a reason to be there in that country... I think Mexico and Canada are exceptions to that rule as well...

    Hope this helps





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  • snathan
    07-20 08:01 PM
    Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.

    Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.



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  • northstar
    01-21 04:06 PM
    Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21

    I-140 cannot be revoked now, he is already past 180 days limit





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  • eb3_nepa
    01-25 03:53 PM
    Hi,

    I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.

    The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.

    I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.



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  • FREE WALLPAPER WINTER SCENES



  • pd_recapturing
    10-19 10:02 AM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.





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  • sunny1000
    10-09 07:54 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.



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  • BharatPremi
    11-21 09:31 PM
    Happy thanksgiving to employers and lawyers.

    Happy thanksgiving to ALIPAC, NumbersUSA, Fairus, Zazona, ProgrammersGuild.

    Happy thanksgiving to Ron Hira

    Happy thanksgiving to Lou Dobbs

    I second that.





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  • logiclife
    06-20 12:21 AM
    Couple of our volunteers in Los Angeles Area have volunteered to prepare a 10 minute documentary on immigration issues faced by hi-skills legal immigrants because of delays in greencard process.

    We need candidates to be on this documentary who are:

    1. Living in LA area or willing to travel to LA area if possible.(if you are not in LA or around, you still can do something, see below)
    2. Willing to do a Q&A on Camera for documentary that will be posted on this website and other websites pushing for similar causes.
    3. Have a compelling case of problems in life or career for self/family because of greencard delays.

    If you are not in Los Angeles Area:

    You can still email your story. Although you may not be seen in the film, your story would be mentioned.

    This is an opportunity for all of you

    Friends, please volunteer, especially if you have a good case and you live in or near Los Angeles. There is nothing to fear and a lot of Immigration Voice Core members have been on TV, Cable, Newspapers etc and its absolutely a wonderful opportunity to be heard about the unbearable pain these delays cause us in our lives and careers.

    How to sign up for this:

    Please email me at jay@immigrationvoice.org with subject line "LA Documentary". Please include your stories with name, location(just city and state), phone number, etc. so that I can arrange a meetup for filming this documentary.



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  • aroranuj
    06-27 11:23 AM
    Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?





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  • sugaur
    06-27 11:27 PM
    So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
    I thought such chidishness was limited only to fanatical muslims.
    Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
    Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"



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  • Pallavi79
    02-21 08:49 AM
    I have one ing savings account and one Bank of America account. I do automatic transfer between these accounts penny per month. that should keep my accounts active.

    If I do not get job in another one,two months, I have to pack my bags.





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  • rockstart
    05-28 10:11 AM
    field 11 (have you previously applied for EAD ) there is a column called
    "Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.


    Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.

    Does some one have a mockup sample they can share with others?





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  • I_need_GC
    09-09 11:33 PM
    Just because you entered on AP doesn't mean you have lost you h1b, it just puts it to sleep. if ur wife is on h4 she can stay on h4 as long as you are employed by the h1b sponsoring employer. To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate





    ata1234
    07-14 12:22 PM
    Receipt Number: lin0720551219

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice .

    Whoever it is, they are lucky! All the best!!





    arunsush
    06-19 02:01 PM
    I don't think you would have to take the skin test again. Produce the documents that you are on mediaction and that should suffice.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.



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