Lunes, Hunyo 27, 2011

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  • munch_042
    04-15 08:11 AM
    Are there instances where the processing time before interview will exceed to more than 3 mos? Is it also true that during the embassy interview, you are currently working? I am a nurse and my agency told me that I should still be practicing as a nurse during the time my packet 4 comes.

    I'm really having some problems because I am intending to go to Ireland by June. But now here comes the Mar 1, 06 PD. What if it would take me again another year to wait for my US visa. I am really sick of waiting.




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  • sideeque
    12-15 02:09 PM
    My wife last time entered to US with H4 in June 2010. Then she applied for F1 status and got approved in Nov 2010.


    H4 visa stamping Expires on Feb 20111.

    She is planning to go India by Jan 2011 for 2 weeks. She is planning to come before Visa expires.
    Is it possible to enter US with old H4 visa stamping?
    Do we really need to stamp visa with F1?




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  • paulinasmith
    10-09 05:32 PM
    Hi pkrg21,

    So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?

    I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.

    Thanks,
    ~ray

    No the process must be completely restarted if you loose your job after I-140 approval.The only thing you get is the priority date.If your I-485 is already applied and it is pending for 180 days then there is no issue and you are safe.




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  • vemulap1
    09-30 04:57 PM
    I applied for my first labor in 2004 Feb, due to backlog center processing and I140 RFE so I applied for second labor from same employer in 2006 Sept.
    Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
    Later after six months my first I140 was cleared.

    My question to IV Guru's, Is there any process to interfile older priority date to the second
    labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.

    Any suggestions are appreciated.



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  • boldm28
    06-17 06:52 PM
    Hi ,
    I have a approved I 140 and had filed for my 1485 back in 2005 and till now have been working on h1 and regularly extending my EAD , and AP , now the firm( firm A) which actually filed my 485 petition has split ( A and B)and my case papers are with attorney A
    now come july 2007 , i file my wife's 485 that is filed by attorney B , now the situation is such i dont know who has my papers . I do have copies of filed 485 and approved I140 . I want to inform USCIS that all the correspondence not to be sent to Either A or B but to be sent directly to me , so How do i go about doing that , the only reason I ask this is so that i have more control over my case cause the above attorneys were picked by my company and not very forthcoming when talking to me , even though I am the one who paid for all the services

    PLEASE .. PLEASE Help me




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  • radhay
    09-16 02:42 PM
    Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.

    It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.



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  • gotgc?
    09-18 10:20 AM
    Hi,

    My pending I-140 (filed an year ago...June 2006) was transferred from TSC to NSC on 09/05/2007, because my I-485 was filed with NSC. What date willl NSC use as received date to process my case...the date they received from TSC or the original receipt date?




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  • rajiv404
    12-09 06:06 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!



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  • sledge_hammer
    04-10 01:41 PM
    I thought they ended labor substitution!!!

    Hello,

    Yes, you can file I140 Premium Processing for a substitute labor. I have done that. Got approved in 9 days.

    Good Luck.

    DesiXP




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  • redgreen
    10-14 01:47 PM
    It is mentioned by many that PD should be current at the time of GC approval. Is that right?
    I know people from India who got their GC approved when their PD is not current.
    One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!



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  • pansworld
    11-28 02:38 PM
    Maybe I am the only one.

    Pankaj Sharma




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  • pappusheth
    04-11 12:27 AM
    Ask your company if they can do your H1 extension under CORP thus the legal entity does not change and there should be no issue.

    It seems like for your initial H1, it was a mistake on their part that they filed you H1 under CORP while you were actually paid by the BANK. Can you ask them why they did that in the first place?

    If it's a mistake on their part, there's no reason why you should suffer and they must take every effort to help you out. Work with them, talk to your manager, his/her manager and explain them the issue. It's an internal thing and I'm sure can be worked out.

    Hope this helps.


    ----------------------------------------------------------------------------------------
    I'm not a lawyer. My posts are simply my views and not a legal advice.



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  • ita
    11-01 03:11 PM
    Is it ok if the address I�m going to give is different 'state' from the 'state' I�m living in .
    I�m guessing as long as I get the mails it shouldn�t matter if the address is same as the address I�m living at.

    Thank you.




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  • chanduv23
    02-15 06:37 AM
    Maybe my question does not make sense???:confused: :confused:



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  • punjabi77
    08-07 01:12 PM
    How do i find out if a RFE has been issued on a case?
    Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.




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  • belmontboy
    10-15 03:30 AM
    Obama lits Diwali lamp in White house (http://www.pr-inside.com/obama-lits-diwali-lamp-in-white-r1529643.htm)

    video here: Obama seeks light and knowledge from Diwali - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Obama-seeks-light-and-knowledge-from-Diwali/articleshow/5125834.cms)

    Happy diwali folks :)



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  • dreamworld
    06-21 01:41 PM
    There is 180 days rule for h1b without pay and also it is employers responsibility to pay when you are out of project. Also think about option of switching her back to h4.

    Looks like you need a clear advise on this. Please consult with an attorney.




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  • rockstart
    01-21 09:04 AM
    I dont think there is any way you can apply for GC right now. Once your parents are US citizens they can apply GC for you under family based immigration. Else you need to find an employer (once you get a job) to file GC for you under employment based quota. I am not sure about this but since GC is for future employment can an employer file GC for you based on assumption that once GC is approved you can join him? (in theory it looks possible but I dont think any one has done it. You can consult a lawyer) . But before that you need to find an employer who is willing to file an GC for future employment which is pretty unlikely. So I think you can wait and finish your studies and then see which option suits you better family based or employment based GC.

    I am on F1 status in US, My parents are green holder..... I am also planinig to do PhD..... can i apply for green card now....?..... If yes..... on what purpose and with what requierments...?




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  • gnutin
    05-17 03:16 PM
    Short answer: No.
    However, that said, you could have multiple H1 visas and work full-time for one and part-time for the other, as long as the first one doesn't have a problem with it :-)
    If you get paid for work in the home country, there may be complications. One being that you'll still be taxed in the US. Consult a good Immigration attorney and a good CPA before doing anything like this.




    andy garcia
    11-30 10:38 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.

    Not according to this:

    8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
    (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
    The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
    (1) the alien makes an application for such adjustment,
    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his application is filed.




    upuaut8
    04-25 07:50 AM
    There are plenty.. but they cost money... and usually quite a bit. 3D designers think that they have some specialy skills or something. I've not yet found any free ones.. the one's I have seen run upwards of a couple thousand dollars.



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