Thursday 30 June 2011

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  • rayoflight
    05-05 03:39 PM
    Hi Folks:

    Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.

    I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.

    Agenda for the meeting:

    nixstor would be updating us on the following issues.

    (1) State Department's Forecast on the Visa Bulletin for the remainder of
    the year

    (2) Immigration legislation progress on the hill & WH so far

    (3) Miken Institute Global conference on Housing and Immigration.

    (4) DC/MD/VA chapter

    Thanks,
    Rayoflight

    P.S Ask for the conference room at the library.

    For those who are in MD and wondering why the Tysons location

    (1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.

    (2) Tyson's Pimmit is conveniently located off of 495.




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  • txh1b
    08-18 09:53 AM
    Agree with wandmaker.




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  • mukuraj
    05-23 01:31 PM
    I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.

    We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.

    As there is no Green Card in sight for EB-3:

    1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.

    2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?

    Appreciate any help in this regard.




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  • stillalone
    12-15 09:29 AM
    Hi Phani
    Thanks for your reply.. not UNVA its ITU.



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  • terpcurt
    December 22nd, 2004, 05:34 PM
    Nice shot




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  • ksairi
    07-31 10:21 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1819


    July 30, 2007

    Washington, D.C. � Rep. Zoe Lofgren (D-San Jose) today introduced a bill to void the recent increases in immigration fees by U.S. Citizenship and Immigration Services (USCIS). The bill would void the new fee structure set to take effect today and reinstate the previous fee structure. The bill also states that USCIS has consistently failed to reduce application backlogs and has suffered from a lack of transparency and effective management.

    �Our immigration services need to move into the 21st century,� stated Rep. Zoe Lofgren. �But, USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.�

    Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County. She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California.



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  • rosy
    10-18 12:17 PM
    Hi,

    I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
    a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
    b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
    c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?

    Thanks in advance...




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  • desi3933
    08-11 04:46 PM
    Hi All,
    A few questions for those who have experience with registering a sole prop. in the US.
    My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
    Does owning a company in the US have any impact on our green card application?
    Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?

    Is she considered a "U.S. person" ( seen in multiple tax forms )?

    Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
    Thanks for the quick response.


    Not a very good idea, IMHO.

    Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.

    C-Corp could have better choice.


    ________________
    Not a legal advice.



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  • milind70
    07-26 12:56 PM
    Hi,

    I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?

    Thanks.
    Takes some time for RFE to come to the lawyer around 2 weeks or so.RFE might be on photographs or colour visa copy so chill.




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  • Akia
    03-01 12:14 PM
    I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.

    So I am not able to apply for a new H1B while on H4? Thanks!



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  • immigration_confused
    08-02 11:09 PM
    Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
    He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
    i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.




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  • bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.



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  • GoldenBoy
    10-12 07:19 AM
    see kax thats the problem

    you cant edit swfs using flash....

    or can you??




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  • houston2005
    08-08 02:11 PM
    I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.

    Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.

    If this question has been answered earlier, can someone point to the right source.

    Thanks in advance.



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  • sanjose16
    02-24 11:03 AM
    How can you file H-1B for your spouse? Please explain.

    I mean (employer) not me..:)




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  • gopi544
    10-30 05:02 PM
    i worked for 5 years (2005 till now), i will have 4 w2`s and they are asking for all w-2. i have all the w2`s expect for 2006 form previous company which i left in feb 2006.



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  • samrat_bhargava_vihari
    06-19 09:06 AM
    How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?

    AP valid :1 year from the issuance.
    Not sure , we filed on June 1st I will let you know once I get AP.




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  • kanshul
    12-28 09:11 AM
    I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.

    Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.




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  • LondonTown
    05-23 12:31 PM
    My friend, do not call Sir to any one here. We all are on the same boat and trying to share our experiences and learn from each other.

    Were you given a 221g? possibly green or some other color?

    It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.


    Sir,

    I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?

    Regards




    Munna Bhai
    01-30 12:35 PM
    Munna Bhai:

    When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?

    Thanks.

    That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.

    So bottom line, employer should agree.




    agiridhar
    05-14 08:23 AM
    When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?

    Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.



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  • Administrator2
    11-07 04:53 PM
    Dear IV Members,

    For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.

    Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -

    Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)

    Thanks,

    Team IV




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  • godbless
    06-25 05:32 PM
    does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.

    is it true guys ??




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  • Blog Feeds
    02-15 09:30 PM
    AILA Leadership Has Just Posted the Following:


    Just when we thought it was safe to go back in the immigration waters again. Transparency, we were promised it. One year into the new administration, however, it remains an elusive concept. That is it did, until yesterday. Yesterday, I saw a poster at the CIS that revealed exactly how the agency views immigration lawyers. It was a poster of small fish in the water being stalked by a large shark. I walked past it and literally did a comic book like double take.

    Underneath in comparatively small letters there is a caption that warns people to protect themselves against those who are not authorized to help them. There was no indication or explanation, however, of what that could mean, other than the picture of giant shark.

    The subliminal message was both clear and offensive. I dare the agency to say I am reading too much into it. Google �metaphors and similes.� Nine times out of ten the definition includes a lawyer shark comparison/example. Couple this with the daily reports we receive where our clients are told �why do you have a lawyer, your lawyer knows nothing.�

    Contrary to the government�s implication, however, immigration lawyers are not predatory. The bulk of immigration lawyers I know, and I know a lot of them, literally agonize over the fates of their clients. They spend hours upon hours trying to assist them through a labyrinth of inconsistent rules, regulations (when we actually get them) and guidance.

    AILA works hard to combat immigration fraud and the unauthorized practice of law. It also does all it can to educate 15,000 immigration lawyers about both the law and ethics.

    I agree that immigrants need to be wary of perpetrators of immigration fraud. The government, however, should warn of the true predators - those practicing law without a license. Its posters should identify who those individuals are and provide warnings or information calculated to educate about unscrupulous practices. Simply, a broad statement below an icon typically used to vilify attorneys does nothing of the sort.

    I am not sure how to depict the government�s purported message in its elaborate seascape. Perhaps a tidal wave depicting millions being thrown back indiscriminately on foreign shores or a lamprey latched onto an unsuspecting gentle manatee. I need to think about it. I take metaphors seriously as they �are dangerous and are not to be trifled with.� Please remove the posters immediately.

    https://blogger.googleusercontent.com/tracker/186823568153827945-7473844792018103725?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/troubled-waters.html)




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  • vxb2004
    12-25 10:11 PM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?

    Mention you are in I-485 adjustment status. Thats the truth...good luck.



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  • Antonio Trivelin
    June 12th, 2006, 01:00 PM
    strawberries ??

    And what do you thing about this photo ? :)

    I love food photographs and i�m trying...

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    All coments are welcome :D

    Best regards,

    Antonio




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  • rck4evr
    08-07 08:06 PM
    My employer says its the company's policy not to file for EAD or AP for all its employees. They are just filing the 485. I am sure that they(employer and lawyer) will not be giving me the 485 reciept too.

    What options do I have ?



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  • kodey7
    12-10 02:52 AM
    Hi,

    I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.

    Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.

    If anyone here has any information/experience about this, I would appreciate a response.

    Thank you.




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  • vdlrao
    10-22 04:39 AM
    Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)

    Best of luck with all who are still waiting to be greened!!



    Congrats.



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  • andhrawala
    01-30 09:48 AM
    Thanks for the correction.

    But in this case, since the person is working on EAD for the last 7 years, can she apply for a new H1B?.

    I think she needs to be outside the country for 1 year and then apply H1.




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  • dale
    04-09 07:15 AM
    OFF TOPIC: Ya3, i just found out that i'm two days older than you :to:



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  • sanjose16
    02-26 01:27 PM
    What is the expiration date for her current H-4 I-94?

    Jun 10 2009




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  • martinvisalaw
    07-30 05:01 PM
    Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (http://online.onetcenter.org/find/zone?z=5&g=Go).

    Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.



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  • OLDMONK
    07-23 05:53 PM
    My lawyer explicity told "NOT" to flipflop wven without me asking.

    Same here. My lawyer specified NO "flip top". Does it matter, I guess not.




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  • jd123
    05-16 11:53 AM
    Hi,
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply



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  • vinzak
    11-10 02:06 PM
    Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)

    If you don't know what I'm talking about...

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  • cam23
    06-24 08:44 PM
    Hi All

    I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.

    In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.

    Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.

    My Questions:

    Is there any risk for I-140 application since company B amended I-140 application filed by Company A?

    I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.



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  • mdy_tvr
    09-26 03:09 PM
    Hi Guys

    I am about to file the 485/EAD/AP based on EB2 PD May 2003.

    My lawyer says that after July 30th 2007, if we are filing EAD & AP along with 485, then we do NOT need to include the fees of EAD and AP. The total fee in such a case is 1010$.(485 + Biometric = 930+80 = 1010$)

    Is this correct that if EAD/AP are applied with 485 after July 30th 2007, then there is no special fee for EAD/AP

    Thanks




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  • mrjonie
    10-29 03:58 PM
    I havent received my EAD/AP, only received receipts..i applied on Aug 15th.




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  • n_2006
    07-23 03:39 PM
    Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?

    No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.




    carbon
    11-01 02:06 PM
    Dear Friends,

    Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
    before my I-485 status "runs out" ?

    My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

    Thanks.




    rayoflight
    05-05 03:39 PM
    Hi Folks:

    Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.

    I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.

    Agenda for the meeting:

    nixstor would be updating us on the following issues.

    (1) State Department's Forecast on the Visa Bulletin for the remainder of
    the year

    (2) Immigration legislation progress on the hill & WH so far

    (3) Miken Institute Global conference on Housing and Immigration.

    (4) DC/MD/VA chapter

    Thanks,
    Rayoflight

    P.S Ask for the conference room at the library.

    For those who are in MD and wondering why the Tysons location

    (1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.

    (2) Tyson's Pimmit is conveniently located off of 495.



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  • chanduv23
    09-16 12:25 PM
    Our great women and their sweet little kids are taking the first step

    YES WE CAN ALL FOLLOW - LETS ALL FOLLOW OUR CHILDREN - OUR HOPES FOR THE FUTURE




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  • samk32@gmail.com
    06-13 06:39 PM
    SBMallik thanks for the reply, as per your link it says,

    Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:

    Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;

    -- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.

    Pls. advice

    Thanks




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  • jcrajput
    07-20 01:52 PM
    Can I change my job after 6 months of applying I485 with valid EAD?

    I have EB2 I140 approved.
    I-485 applied this July.

    Thank you.




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  • belmontboy
    05-27 05:18 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...

    thanks

    There is a similar thread on this issue.

    http://immigrationvoice.org/forum/showthread.php?t=2204



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  • Pretty makeover: Ugly Betty#39;s


  • neoneo
    04-14 02:10 AM
    One more day gone. A few more to go. Really what more can you do ? You can't do beyond a point. The best suggestion would be to get more PEOPLE knowledgeable about this issue.
    The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.

    Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.

    MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.




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  • On changes to Betty: The plan


  • martinvisalaw
    07-13 05:24 PM
    i am on h4 and this was the first time a company filed for my h1b. so would that be ok if company "B" files for my h1b with h1b filed with company "A" is pending with RFE.

    Yes. I would refer to Co A's filing in the 2nd one, so that CIS doesn't think you're trying to deceive them or hide anything.



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  • Ugly Betty Star Michael Brea


  • vghc
    07-20 05:14 PM
    Planning to go to UK on AP this september....anybody has experience with this?
    Whats UK immigrations take on an AP traveller?
    I am a Malaysian National and going to visit friends and my Uni professors there.




    2010 Post “Ugly Betty” America ugly betty after makeover. ugly betty season 4 makeover.
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  • jcrajput
    10-19 08:27 AM
    I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
    My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)

    I have following questions:

    1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
    2. Can I get H1B VSIA stampled at BOMBAY?
    3. Do I need any other document except H1B approval notice & I-140 approval notice?
    4. Do I need to mention about I-485 been filed?

    Please help. Thank you in advance.



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  • rram555
    01-26 03:27 AM
    neither lawyer nor employer received Labor Hard Copy until today. I missed I-140 Premium
    Processing because of Hard copy.

    I signed one page of the original document (which the employer/lawyer should send to you)
    before filing your I-140.

    Thanks




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  • siddh_g
    05-06 03:05 PM
    Hello,
    My wife and I have a pending AOS, and have our EADs.
    My priority date for EB-2 is September 2004.

    I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.

    Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?

    Thank you,
    Sidd.



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  • images 2006 Ugly Betty


  • Blog Feeds
    06-09 02:10 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg7BUWus1sDzcBm2gfCgZN8aIuP83mRFQUCK97KxhJjik2YeMPbjJ_HA8cbrLdDFvOPc22BTWFOAF-mfhbrImP0sMxjFKHWLquvUYJ5FB2kW565u6eyxSx_7lWWEaUpecJb93gRTsVJhiBo/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg7BUWus1sDzcBm2gfCgZN8aIuP83mRFQUCK97KxhJjik2YeMPbjJ_HA8cbrLdDFvOPc22BTWFOAF-mfhbrImP0sMxjFKHWLquvUYJ5FB2kW565u6eyxSx_7lWWEaUpecJb93gRTsVJhiBo/s1600-h/Stethoscope.jpg)
    The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.

    The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.

    The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.

    If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)




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  • gccovet
    10-07 01:49 PM
    also found this on the net:

    http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685

    page 6/18 - section (vi)

    Excellent!!!!! Thanks a lot, VA_Dude
    GCCovet



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  • eb3_nepa
    03-21 05:31 PM
    Yeah was a real eye opener, this one. Makes u wonder sometimes, whether we are really welcome in this country or not. More importantly, will we ever be REALLY accepted as part of the "American culture". These organizations are open about their "feelings" toward immigrants. There are a Whole lot more people who may not be so open about their thoughts, but still have them nonetheless.

    But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)




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  • AirWaterandGC
    06-07 08:27 AM
    thanks shan74



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  • for life after Ugly Betty


  • satishbsk
    07-20 12:31 AM
    Congresswoman Lofgren Started, IV core tcontinued guiding IV members with Flower campaign / SJ rally.
    IV core gave all updates.

    AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D

    _______________
    Contributed $280 so far
    $20 recurring




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  • The moment quot;Ugly Bettyquot; fans


  • vghc
    07-20 05:14 PM
    Planning to go to UK on AP this september....anybody has experience with this?
    Whats UK immigrations take on an AP traveller?
    I am a Malaysian National and going to visit friends and my Uni professors there.



    more...

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  • tattoo Vivian, efore and after


  • raysaikat
    05-15 07:39 PM
    Dear All:
    I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).

    I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?

    And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.

    The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.




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  • mjdup
    10-19 10:49 AM
    Just in case someone might find this useful --

    I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
    - At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
    - went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
    - waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
    - She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
    - But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
    - But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.

    We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).

    Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.

    Adios.




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  • krishna.ahd
    05-01 07:18 AM
    What do you mean by filing ?
    Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
    You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
    Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
    Again you may change job again before 485 stage hit.




    thesparky007
    05-02 08:09 PM
    haha lol!




    njgcmar03
    02-21 03:35 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise
    There should not be any issues. Take all the required papers to the interview.
    Good Luck!!