Sunday, June 12, 2011

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  • Saralayar
    07-27 11:53 AM
    I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
    My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.





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  • krithi
    02-18 05:05 PM
    I recently returned from India, had a valid H1B visa, but the immigration officer insisted on using AP, my attorney suggests i need to change back on to H1B, any thoughts on this?

    Thanks,
    Krithi





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  • sac-r-ten
    01-08 11:41 AM
    deepakjain:thanks for the latest info on this.
    Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?

    jkm2282, sorry for hajacking your post. Any updates from your side?

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak





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  • ramboom1
    03-28 09:20 AM
    Fellow IV members,

    How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?



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  • akred
    04-16 11:51 PM
    Advanced degree = MS and higher

    Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.


    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.





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  • kprgroup
    12-28 10:03 AM
    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR



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  • wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that





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  • sledge_hammer
    03-06 02:13 PM
    The state that's in your LCA

    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.



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  • amitjoey
    07-11 12:17 PM
    New Yorkers, do not let this opportunity pass by.





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  • sunimmi
    06-11 02:29 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.



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  • amitjoey
    07-05 12:24 PM
    Yes, I agree that AILF is taking care of the lawsuit and it will run its own course. Talking to senators and sending them email and letters will help, but more than that it is the media that we need to focus. Please all help out with the media drive, send emails and letters to media.





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  • nousername
    12-15 09:11 PM
    I was in similar (not same) situation years back.. The difference was that in my case only one company applied for my H1B transfer and I got the approval without i-94, just like you and I had to re-enter.

    I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.

    I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.

    Dear Sunny,

    I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.

    And i am also wondering if anyone has gone with situation like mine?

    My company has not applied for GC (labor) yet.



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  • number30
    03-18 03:56 PM
    I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I’m in my 6th year and just started my Labor process with the new company.

    My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

    How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)

    What is the wage mentioned on LCA for the H1 ? Is it more then 50K?





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  • vin13
    07-15 09:24 AM
    Hmm.. maybe i did not make it clear.
    What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.

    USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.

    Sometimes there is no valid reasoning.

    I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D



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  • bombay
    01-08 01:07 PM
    my spouse did not change her last name. Its not required in America. Even the bank accounts are different.





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  • jjava100
    01-28 11:56 AM
    Congrats!!



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  • sanjay02
    05-22 08:12 PM
    Hi
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


    Thnks
    Sanjay

    Bump!





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  • go_guy123
    09-16 04:35 PM
    I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!

    View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)

    I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach

    It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.

    Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.

    "discussion", "debate", "study" , "meeting" these are code words for doing
    nothing.





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  • GoneSouth
    08-11 09:12 AM
    She needs her own I-797 showing transfer of the H-4, doesn't she? Whenever I changed companies, all my dependents got I-797s as well, and we had to present these at border to get new I-94s.





    mayhemt
    10-10 08:53 AM
    tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????


    Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.





    LostInGCProcess
    01-16 10:20 AM
    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.



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