Saturday, June 25, 2011

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  • furiouspride
    08-13 08:18 PM
    I have heard for short term consulting projects, they are supposed to provide the duration of a project and say, it is for 3 months, h1 gets approved for 3 months

    Next project, get a new h1, so, if you add that up, they can collect 600 Mil
    and the client will most likely go belly up :D




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  • anilsal
    01-25 09:39 AM
    the campaign.




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  • anindya1234
    06-01 02:35 PM
    But it does increase the GC quota which will substantially hasten the process




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  • optimistic
    08-01 10:58 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

    Yes, she can go alone.
    The following is the list of documents that may be required to be produced at the American embassy for visa H4:-

    1. marriage registration certificate-orignal
    2. Wedding photos
    3. Wedding invitation cards
    4. Copy of labour condition application of principal applicant
    5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
    6. copy of I-797 notice of approval of principal applicant
    7. Passport copy of principal applicant (all pages)
    8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
    9. I-129 form of principal applicant-copy
    10. Principal applicants letter of offer from US firm-copy
    11. Principal applicants work experience letters-copy
    12. Web appointment receipt for interview
    13. Passport + one photograph
    14. Completed visa application form DS-156
    15. Completed visa application form DS-157
    16. Demand drafts for vfs fee and visa fee- both application and issuance

    Please check the US consulate website for a complete list as they may have changed the requirements.

    Hope this helps.



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  • jo3350
    05-13 10:16 AM
    President Bush is going to be giving a speech on Immigration this Monday at 8 p.m EST. Is there any way IV can get the Issue of Legal Immikgration addressed in his speech.




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  • immiguy
    07-20 04:47 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.
    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?



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  • vinabath
    05-15 01:04 PM
    What a coincidence.....

    1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
    2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

    I do not know what to do, I am thinking couple of situations.


    I. File 485 with EB3.

    Advantages:
    Low Salary Requirements,
    Generic Job Duties,
    Easy to use AC21,
    Already approved I-140

    Disadvantages:
    Possible retrogression,
    So more wait before realizing the dream of actual freedom.

    II. File 485 with EB2 labor (concurrent filing)

    Advantages:
    Less chance of retrogression.
    Quicker path to GC.

    Disadvantages:
    I-140 denial chances
    more money to spend for I-140 and PP
    Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


    Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.




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  • perm2gc
    12-01 05:33 PM
    Hi Gurus

    Here is my senario

    I am in my 6th year of H1 which expires in Aug 2007.

    I have my Labor (PERM) and I140 aprroved from my current employer.

    I would like to tranfer my H1 to different employer .

    can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)

    or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.

    I really need your advise on this issue.

    please help on this gurus.

    Thanks

    If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
    You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.

    You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.



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  • summitpointe
    01-31 02:02 PM
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.




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  • smartboy75
    07-09 11:00 AM
    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???



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  • b2visahelp
    07-09 03:34 PM
    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!




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  • Ramba
    05-01 11:21 AM
    If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.

    If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.



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  • saketkapur
    09-16 05:25 PM
    done

    CNN=Corrupt Naitivist Network




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  • txh1b
    08-18 06:46 PM
    Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.

    At least don't wish them bad luck....

    C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.



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  • quizzer
    10-23 04:28 PM
    Libra,

    Congrats!!! Did it take an year for the RFE itself???

    Romesh and naresh,

    Any updates?

    thanks,




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  • eastindia
    09-23 10:59 AM
    This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?

    You are an anti-immigrant.



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  • onemorecame
    06-25 04:18 PM
    They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
    CASE A with PD 2003
    CASE B with PD 2005
    CASE C with PD 2007
    Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
    Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
    then CASE A will be approved because A process is complete and PD is current
    CASE B will be pending waiting to clear name check though the PD is current
    Once name check done and PD is current this will approve.
    CASE C will not be approved though processing is complete PD is not current
    once PD become current CASE C will approve.


    This is just example to explain how it works.


    Thanks samrat_bhargava_vihari
    for this nice example to clear the things




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  • vinayskadam
    11-23 08:49 PM
    @sameer2730 :

    So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
    Sent the request for correction with my supporting documents.

    -- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".

    And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.

    Please help me with your advice. I am completely in dilemma as to what needs to done..

    Thanks in advance..
    Vinay




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  • rayen
    02-05 02:39 PM
    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.

    Chris,

    How did you reach to the IO (Officer ) to know your status , is there any number/ options..

    Please advice.

    Thanks.




    newbie2020
    08-17 04:13 AM
    PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.




    rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.



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