Monday, June 13, 2011

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  • Green.Tech
    08-03 05:18 PM
    Not advisable for the same company unless the new job duties are changed significantly.:cool:

    Yes, assuming the job duties changed by approx 50% or more.





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  • coopheal
    12-03 06:35 PM
    Bump





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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Thanks





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  • andycool
    11-17 08:35 AM
    Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?

    I applied for DL for me and for my wife too..

    the documents are same what were mentioned above...

    If you are applying for a transfer from other state ...

    Make sure that
    1)you have your vehicle registered in TX ,
    2) carry 2 proof of address .
    3) carry proof of insurance ( they ask for this :confused:)
    4) and carry your employment letter ....some times they insist on this .

    Hope this helps



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  • mach1343
    04-29 11:57 PM
    Hi,

    Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.

    No issues I got it in 10 days...tracking you would get emails about the approval.





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  • a_yaja
    10-07 01:47 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

    You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.



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  • jonty_11
    08-01 01:16 PM
    looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....





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  • raydhan
    11-09 09:04 AM
    Sincere request to all the retrogression victims from the great State of Oklahoma.

    Please post your willingness or send me a PM if you are interested in working for IV's cause.

    Lets go guys!!!
    Make some noise. The timing has never been better.



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  • nepaliboy
    08-06 07:16 PM
    i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
    i am Row pd 2005 september.





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  • snathan
    03-23 08:04 PM
    Hello,

    My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.

    My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.

    Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?

    Thank you,


    Team

    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?



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  • legal_la
    07-17 08:10 PM
    So, are we again planning to send flowers or thank you card to Emilio


    They are clearing the mess they have created. I agree not many people correct their mistakes, people who do, should be noticed. But that is all we should do.

    If not for our fight and raising our "voice" they would never would have even considered it.

    So if I were you I would just say thank you to him and instead of spending the money for greeting cards or flowers to emilio, I would be donating it immigrationvoice which will help our voice grow even stronger.





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  • vin13
    04-16 10:23 AM
    Hello Attorney,

    My wife received a RFE on her I-485 for missing medical test (TB test).
    The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.

    Can we request an extension of time to reply to RFE based on hardship?
    We just need one more month to comply with RFE.

    Does USCIS normally provide extension for situations like the one above?
    I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.

    Thanks in advance,
    GCisaDawg


    Can you not ask your wife to fly back early? Is there a genuine hardship.

    When we had our fingerprint appointment and my wife was out of town, the attorneys said it is better not to reschedule. So she flew in before the appointment just to get the fingerprints done on time.



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  • Nickjr
    10-10 12:35 PM
    Yes I have done recently ( Last week)

    I went to France consulate and all they wanted to see was my EAD so if you have Valid EAD u should be fine

    Thx
    Praveen





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  • cooler
    08-27 03:16 PM
    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???

    I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.



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  • IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire





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  • loudoggs
    11-29 06:36 PM
    In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.

    On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.

    You have to make the choice. Good luck.

    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.



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  • pappu
    09-18 09:21 AM
    Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)

    We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.

    If you know of any such people please pass on this message.

    Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org





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  • indyanguy
    06-30 09:33 AM
    I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.

    According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.

    I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.





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  • spgtopper
    02-03 09:09 AM
    Seems like a step in the right direction....

    S.





    urstruly
    07-27 12:42 AM
    485 was approved on 7/26/07. Wife's 485 was delivered by Fedex to Nebraska Service Center on 7/19/07.

    Is wife OK and does this mean her 485 is pending(even though receipt is not sent by USCIS yet) or she is going to be out of status???

    Thanks,





    kak1978
    02-09 09:22 AM
    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.



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