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Michael chertoff

05-17 08:51 AM

Dear Attorney and other friends,

Please give me some advice on my situation,

My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.

we want to renew her greencard.

Please advise if it is possible of we have to start new process?

Thanks

MC

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rachnaj

03-02 07:19 PM

Hello
We have a situation and need your advice on this:

We have approved I140 with company A. Company A merged with Company B, and created a new company. Our amendmant was filed for new company and is still pending. I have also a copy of my approved I140 with company A.

My I485 has passed the 180 days.and I have my EAD, and AP, and done FP.
I have an offer from different company from the same industry sector where I have been working for past many years and same job profile.

I have the following questions:
1. Can I use AC21 portability and take up the new job?
2. Do I have to wait for the amendmant I140 approval?? Or can I change with the approved I140 of company A, and 180 days past after amendmant has been filed.
3. is it true that the employer doesnt have control over pending I140 after 180 days past for 485?

Please help with your information....It will help us decide.

Thanks

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gconmymind

05-09 08:12 PM

- H1B is good as long as employer-employee relationship is maintained, which in your case should be fine
- You may have issues with 140 approval (Just my opinion, I may be wrong)
- If you are considering H1 transfer, that may have issues as you may not have latest paycheck..

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Guitar

12-07 01:18 AM

Hi Members,
I am pretty new to the forum. I thought you must be helpful answering my questions because attorneys in my company provided are not helpful.
My attorneys filed Labor with the missing job information like in the allien job experience section. i saw the the current job start date is wrong then the job 2 is put with the wrong dates. Job 3 is not there. I got a audit as ******** is my attorney as special audit. when I contacted they said its electronically filed then can't change. They will take care in later stage.Then THE LABOR IS CERTIFIED. Now I see nothing has been taken care. they are filing I-140.

Now my question is if i get RFE in I-140 in future and I send the experience letters obviously which will be different date( as labor is approved with aliens wrong info in experince).

PLEASE members let me know the complication.. am getting really worried..Let me know what to do.

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Berkeleybee

04-12 02:20 PM

In the last few weeks, as we worked to get our amendments in, USINPAC (http://www.usinpac.com/) has proved to be a tremendously important ally.

Read our joint press release (http://immigrationvoice.org/index.php?option=com_content&task=blogcategory&id=15&Itemid=43).

We view their continued support as critical to our efforts once the Senate returns from recess.

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eb3_nepa

06-20 08:25 PM

Hello,

I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.

THought I should share this information

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sadshaq12

11-06 01:13 PM

Hi!
any update on your RFE
its look like NSC is sending RFE for old PD date
mine PD is also 2001 and they ask for 2001 tax return and w2
what did you submit in your rfe response

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Blog Feeds

03-19 10:40 AM

U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.

Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)




More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)

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sunny1000

12-20 11:46 PM

Yes, you can use it for multiple entries (The I-512L should say "this is valid for multiple entries" or something to that effect). But, please be prepared to answer the questions (if any) on what is the necessity to travel on an AP 3 times within the year. If it is on business, that is perfectly within the stated rule. But, if it is vacation, you may be questioned (that is dependent on the individual officer).

http://www.uscis.gov/files/form/i-131instr.pdf

Please read the above instructions about how it has been mentioned that the AP be used sparingly and not in lieu of a visa.

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freddyCR

February 13th, 2005, 03:23 PM

Had a very disturbing photo trip to an abandoned TB sanatorium

22 mm
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mrane1

10-15 03:36 AM

hi everyone

I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.

Now my question is....
1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)

2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )

Any comments or suggestions will be appreciated.

thanks
very simple answers
1) Yes
2) No

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apravi

12-06 05:24 PM

Immigration experts,
Please help me to get out of this confusion.

My H4-H1 Adjustment of status is approved and i have Advance parole and EAD with me through my husbands i485 application.I need to travel to india in jan/feb 2008 for 2-3weeks.I may not be able to go for stamping at that time.My H4 visa stamp is valid till sep2008.My H1 approval notice is valid till sep2010.

My question is,can i travel to india and come back without H1 stamping using Advance parole?If i come in using Advance parole can i work again on H1 or do i need to use EAD?
Thanks in advance.

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pappu

01-10 10:37 AM

It is a good opportunity for state chapters. Unfortunately not many state chapters are yet formed despite having 8000+ members. We have members from every state but only a handful state members are actively working. Unless we all ourselves take responsibility and actively organize and participate in state chapters it is tough to use the grassroots level strength of this organization. We have more than a thousand members coming everyday to this site and posting ideas, opinions and what IV should do and what IV should not do. We all can achieve everything easily if everyone actively makes their state chapters alive and participate. If you feel that there is nobody in your chapter, then take a lead role and organize it. If you find that few members have signed up, and nothing is happening, then PM all those that are signed up and start working on action items.

pls use this link to sign up and start taking active role in your state chapter today
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164

http://immigrationvoice.org/forum/forumdisplay.php?f=17

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h1b6years

05-01 08:15 PM

Hi so I can have teh PERM application on going even if I'll change from H1-B to E Visa in a copupel of months?
Thank you for your help.

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pani_6

03-19 02:10 PM

I called Kennedy's office regarding the CIRCUS bill getting introduced..and I got cut off..due to phone problems..could you guy try?..

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dealsnet

03-05 03:12 PM

EAD is for work.
AP is for travel. For enter into USA, only AP and passport is required.

Dear Lawyer / Member,

My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
Question is: Can she able to enter US without EAD?

My Wife status:
Current Status : AOS (H4 - expired) - Filed I-485
Advance Parole: Valid till 11/11/2010
EAD: Valid till 10/11/2010 (Lost):mad:


Appreciate your response.

Thanks
chingainfogc

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nlssubbu

09-28 06:12 PM

Yes, the new quota starts on Monday. However, you still need a current priority date and all security clearnances before you are eligible for approval. (At least that's how it will work for the most part).

Who knows if they used all the 2007 numbers up. I suspect they will be very close to having done that given the number of applications they had.

Out of the entire year quota, they can allocate only 1/4 th of it in the first quater. This is why it is impossible for USCIS to allocate the yearly quota in one day. [Whether they have such a efficient system to do so is a different debate].

I wonder why they don't have such a distribution for H1B allotment though :D

Thanks

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DareYouFireMe

04-19 09:56 AM

Probably you got to make you aware of science of immigration. Tell the authorities what they ask for (not what you want to tell). These days merger and aquisitions are commonplace and USCIS may be aware of these situations.


Hello all,

My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.

I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.

Any examples of letters or list of supporting documents will be appreciated.


Regards,
Alex

Contributing $20/month

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immigration1234

02-20 12:57 PM

Thank you so much for the advise!

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Dhundhun

10-28 01:35 AM

Good finding. They should push quarterly overflow to keep them busy.

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sw33t

08-22 12:04 AM

Please join the Texas IV group for more information.

Thank you

http://groups.yahoo.com/group/texasiv

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bkarnik

09-24 08:36 PM

OK...I just got an email from my Attorney. It is indeed what she thought. She received our receipts today from the CSC. The receipts have a receipt date of July 23rd and a notice date of September 19th. As to why the CSC sent out the other notice transferring the case back to NSC to me only and not the Attorney...that is a mystery. She plans to speak to our State Senator and hopefully get some answers.

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pou-pou

04-14 08:17 AM

have to love that first one :love:

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tillu

04-02 01:50 PM

Hi There,

If My Project with company "A" is over and they are sending me back to india, but before going back i file transfer with company "B", once "B" gets the approval i can come back.

Can it be done this way?? i mean after transfer is filed can anyone go back to india or He/she has to be in US during this period??

Thanks in advance

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bkarnik

08-18 05:31 PM

I had applied for my I-140 to seek an extension from Oct-09 to OCT-10..Instead I recieved an I-140 with expiry date of Oct-09 itself..what to do now..I know its a genuine mistake..but not sure how to get that addressed..:confused:

I am confused...I-140 has an expiry date?

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satishku_2000

08-20 03:40 PM

Work travel prevents me from attending the DC rally on the 18th (was going to attend on the 13th), but if anyone is hesitating on whether to go due to funds, i offer $200 if you promise to attend. Send me a private message!



Thank you so much.

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EB3June03

08-09 08:07 PM

Folks,

This post is on behalf of my friend who is a student in UK and planning to apply for US Student (F1) visa. Here are some of the queries he has. I am sure some of you would be able to answer the questions below.

Question 15: Home Address (Should this be home address of India or should it be local address of UK where the prospective student is a temporary resident)

Question 16: Home Telephone Number : Similar to Question 15, what should be the answer for home telephone number and mobile number for a temporary resident (student) in UK when applying for US Visa?

Question 22: When do you intend to arrive in the US : They are asking for date/month/year.... Unless, my friend gets his visa - he might NOT know the date... Is it possible to enter only the month and year here?

Question 24: At what address will you stay in the US : My friend is going to be a student and unless and until he comes to US, will NOT know the answer for this - What have folks applying for student visa entered for this Question?

Question 25: Name and Telephone of Person in US who will be staying with : For prospective students, this would be a tough question to answer and I am sure most of the student visa applicants might have wondered what to enter here. What are some good answers here?

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kadarm

12-12 06:10 AM

My I-140 is applied during Jan 2007 under EB2 category. My LCA says Masters with 24 months experience amd alternative as Bachelors with 5 Yrs experience. As per the processing time updates, they are processing March 21st 2007. I don't see any updates other than Case is pending.

What should I do to get this processed?. Should I call customer service and ask for SR?

Thanks for your help !!!

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sanher

10-19 10:38 AM

If you can wait would be good. You won't believe my parents visa was rejected cause there was no visa stamp on my passport. So its all depend on visa officer how educated they are.
Delhi consulate specially now a days following every rule + undefined rules. Good Luck

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rajeshj_18

12-29 12:39 PM

Hi,

Good to know that H1B transfer can be done from India. What is the procedure to get this done? What form we need to fil? can you please give more details?

Thanks in advance.

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gcformeornot

02-09 04:09 PM

I am on l2 since my husband is on L1. I work full time for a US employer with an EAD. Now, what would happen to my status if my husband quits his job? you have EAD, that EAD was entirely based on your L2 status. If L2 status is gone so EAD is invalid too....

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wandmaker

07-19 03:57 AM

Donate 1 million dollars to USCIS, they will come to your house to handover the card. I believe that is the only way you can expedite, as for as I know.

LOL, If s/he has or had or saved $1m then might not have been a "Bpositive" handle on IV and his/her handle elsewhere may read as iwasintheus, packandgo:D

My I-485 is current as per Aug bulletin (dec 2004 eb2). Any suggestions on how to make sure the application is processed by IO? Anyone with prior experiences/success doing this?

will post as soon as i find one :)

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arulz

10-14 02:59 PM

I have a question about 131 application form for AP.

*****************************
From "Instruction for Form I 131"

Step 1. Fill Out Form I-131
1. Type or print legibly in black ink
If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
1. Initial Evidence
3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."
***********************************

Do I have to enter "N/A" on each and every field that is not applicable for me?

Please advice

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krithi

05-26 03:22 PM

HI,

I efiled on April 7th and got FP notice on April 15th or so with appointment date of April 30th. Hope this helps.

I filed at TSC, which Center did you file urs?

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imv116

03-08 01:35 AM

Political scene and policy making is mostly based on vote and voice more then TRUE reform. Always, be it India or USA.

Immigration-Voice is primarily for legal immigrants. Even though we input substantial economic value to the society, and to the fate of all of us the small legal/skilled people immigration reform is tied to the big CIR.

What I want to propose is to talking to other lobbing groups and immigrant associations.

Irish, Spanish etc... Today in the news the Irish Lobby for Immigration Reform (ILIR) made a big show and seems like they have got lot attention. Form senator Clinton to one time Irish Kennedy all spoke for Irish and CIR.

Also, Immigration voice is primarily supported by Indians and few other people from other nationalities.

In addition, I being an Indian like to propose bringing more attention and contributions to the situation by talking to local and north American Indian associations both professional and cultural.

To name a few...

American Association of Physicians of Indian Origin
Telugu Association of North America
American Telugu Association
FOGANA - Federation of Gujarati Associations of North America
Federation of Tamil Sangams of North America etc..

-The 116

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chintu123

12-21 05:44 PM

Hi ,

Here is my scenario

H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009

Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.

The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010
My questions are

1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action

I would appreciate your response

Thanks

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DJ_Prakash

01-26 05:27 PM

Thanks for your time.....

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ras

10-27 07:25 PM

IV Members,
At some point of time you must have posed a question or had some issue that was pegging you. You tried to get answers from members and resolve issues. Time must have passed and you had an outcome for the issue you were worried/working. It would be nice if you post the experience what happened to the issue you were worried over the period of time. How it has been resolved or what is logical end.

For ex:
I posted a question about my worry about travel to india with out the reciept notice and finally it ended up recieving the notice 3 days before my travel. I have gone through different tensions in the process. IV forums helped me understand where I stood what actions I needed to take. I took those actions, and it resulted in a favourable outcome at the end.

This happened just because some one has posted their experience.

So it is just not posing the questions on the forums but as the time passes do update what happened to your question.

This helps many other IV members who may come across same situations. Some of the IV members do this but few others they just forgot to return back and update the members what happened to their situations later. Do care to let people who answered you know what was the result.

Admin,
if possible make this as a sticky, probably helps a lot of people.

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Aristotle08

07-08 10:28 PM

Hello,
My labor certification was filed in December '07 and is in the process of audit (Fragomen law firm issue). Meanwhile, there is news that my company is being sold off. Will I be able to continue my GC process if the company gets sold off but I am able to retain the same job and title.
Is anyone else facing a similar situation? What are my options here?
Thanks,
Aristotle08.

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kirupa

03-17 04:55 AM

Hi SandeR2!
Your first two entries are a bit too small, but I can still add them up as an entry. For your other entries, some of them are (as you mention in the descriptions) photos that you took and vectorized. Unfortunately, those will not qualify, for the goal is for you to draw manually without converting an existing photo.

To answer your question, your first two entries and the this one (http://kwijl.deviantart.com/art/MyBobblehead-64787112) seem to qualify!

Thanks,
Kirupa :)

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dskhabra

11-26 10:04 AM

My wife is in the same boat. We filed for H1 amendment in the first week of September and online status tells it's done on 20 November. We still have not received documents in mail from USCIS. This was in Vermont. We were told initially that it might take upto 3 months.

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hopelessGC

04-15 12:11 PM

Got mine in November 2008. No issues at all.

From Mumbai

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TO BE OR NO TO BE

09-11 04:43 PM

Deepak,

Its true that you have to have valid passport (which is not expiring withing 6 monts) at the time of visa stamping.

Get a new passport before you leave for India. You can apply for a new passport in India Consulates in USA. Google it and you will find out more.

Hope this is helpful,

MP

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baleraosreedhar

06-21 01:36 PM

Hi All

I have a question regarding filling of I485.

My wife got her H1 approved in November 2006 and she got her SSN in december and her company has not put her on a project.

I would like to know will there be any issue if I file her as my dependent on my I485 application.

Her H4 visa on the passport is already expired.

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martinvisalaw

07-20 02:11 PM

Hi

It will great help if some body can help regarding this.

I had my H1B from A Company,Recently i have moved to B Company where i was asked to go to UK for Business purpose.I have yet to have stamping from B Company.I still have valid visa till end of next year from Company A name stamping in the passport.Will there be any issues for comming back from UK without having stamping.

Thanks

You can use the valid visa from Co. A provided that you also show the H-1B approval from Co. B on returning to the US.

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10-01 02:40 PM

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February 27th, 2005, 07:00 AM

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