Wednesday, June 15, 2011

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  • ksircar
    04-28 10:57 PM
    Can someone confirm if finger printing required for both paper (by mail) and on-line AP application? Somewhere I read that finger printing is required only for on-line applicants. Is that true?

    It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.

    Thanks in advance.





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  • ImmigrationAnswerMan
    06-29 12:22 PM
    Anil:

    While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.

    This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.

    Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.

    Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.





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  • ragz4u
    03-28 09:23 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 ?

    The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!





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  • new2gc
    02-16 10:47 AM
    Time for paid membership on this website...at least $5 a month..else, we will these see kind of non-sense discussion threads...waste of time and resources (Including this message)



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  • JEESEE
    05-11 01:29 PM
    Thanks bkshres.

    When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.

    Will that make her ineligible for Applying for FAFSA?

    Thanks





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  • shreekhand
    09-04 02:17 PM
    Yes some have not received CPO...they say they will get a deportation notice soon as a result of not receiving CPO but directly receiving "Approval Notice Sent".

    *** Please think twice, google a bit more and stay centered before opening useless threads!!! :)



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  • h1techSlave
    02-21 09:23 AM
    Looks like you are on EAD. Are you still finding it difficult to find a job?

    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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  • chapper
    08-02 01:29 PM
    I sent money order for some applications and personal checks for some.

    Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank



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  • mdforgc
    04-19 08:03 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********

    I had no problem getting H1 restamped from Mumbai though my address is Kerala.





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  • edifier
    07-23 07:40 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...



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  • cvk90
    06-24 10:33 AM
    I asked this specific question to my lawyers..Its not true that you are OK as long as you file by July 31st...The dates can retrogress for month of July and then you won't be able to file application after that date. (e.g. after 15 July 07)...I am not an attorney myself but this is what was specifically told first hand to me.





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  • txh1b
    04-14 05:02 PM
    It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.



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  • insbaby
    07-23 05:26 PM
    *** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***





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  • gcinterview
    09-01 04:53 PM
    I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(



    I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.

    1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.

    OR

    2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....

    lots of questions .... no answers... only silence....



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  • chanduv23
    10-30 11:48 AM
    Come on washingtonians , wake up

    Some pics and videos from NJ meet are available at

    http://immigrationvoice.blogspot.com

    http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB

    Look at the crowd and get inspired


    Come on folks, everyone to the meet





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  • Dhundhun
    06-14 02:39 PM
    I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.

    Is it not that three contineous salary slips (on prev. H-1B employment) required for filing H-1B by new employer?

    If such changeover is allowed, it it not misuse of system? People have applied multiple H-1B due to lottery. If this is allowed, people can easily move to the employer they wanted without going through the USCIS approved employer.

    And I have been hearing that there are many employers ready to file H1B if you pay them cash.



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  • meridiani.planum
    08-19 12:26 AM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007

    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:





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  • varakur
    08-10 07:41 PM
    Thanks Jasmine/lacrossegc/etal,

    Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,


    Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

    thanks so much,
    -Prasad
    PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.





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  • GCBoy786
    10-08 03:54 PM
    We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?

    I-485 receipts from NSC.

    Most of my friends LUD is updated within 2 days of giving finger prints.

    Please post your experiences.





    lucha
    08-26 07:57 PM
    I have same question. can you do that without moving up ,My lawyer said no, I do not know how to go forward with this. My 2nd question is: My NIW was denied with some conditions , can I file again as I have completed those requirement.

    I have master from here and 20 years of experience . please any body help.





    yogirajd
    11-09 09:02 PM
    Mine was EB2 before and after first RFE my attorney changed it to EB3.

    I don't understand Logic behind this.



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