Sunday, June 12, 2011

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  • pmat
    01-26 11:16 AM
    RTP... RTP... RTP... very good school districts, affordable housing and good desi community. Also, good amount of jobs in high-tech fields. Location is pretty good - you can drive anywhere from Florida to NY.





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  • NIW
    08-30 05:33 PM
    We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

    Thanks
    Srikanth
    P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.





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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.





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  • prasadn
    09-02 07:03 PM
    I went to border and security deffered inspection site at Raliegh NC from this url

    http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.

    The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.

    Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.

    Hope this helps.



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  • forever
    08-03 10:38 PM
    Just curious..how do you get this press release...its not yet up on their site.

    Go to Home page and click on Press Room. You can see updates for Aug, July.





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  • apahilaj
    05-29 01:39 PM
    Yes file the G-28 forms as well..thats what i did too..

    I didn't file G-28 form since I was filing myself. Isn't G-28 only required if some one else is representing you?

    I've got the receipt notices for EAD as well. Will see what happens next.



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  • #39;Love amp; Other Drugs#39; Photocall



  • english_august
    09-10 07:40 AM
    Please use expedited shipping to place your orders before 12 PM EST on Monday.





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  • payur
    09-04 12:12 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congrats!!!!:cool:

    I remember you because you created the "June 1st filers - receipt " thread.

    I hope many approvals come soon.

    I would appreciate detailed signature will help us.



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  • johnamit
    07-12 01:43 PM
    My company has filed more than 200 in early July, I checked with attorney yesterday and he said so far not even a single check has been cashed and none returned.





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  • Motivated
    06-18 11:34 AM
    donated $50; learned about the organization on June 8, participated in the event - not knowing any of the issues. Was an eye opener to the legislative process. I did not do much, just accompanied the IV members to the meetings - these members were well prepared to present the case as well as to answer questions. I am impressed, and here I am registered and donated.
    Thank you IV for being pro-active. Feels good to be part of the action.



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  • of Love and Other Drugs on



  • vxg
    06-25 12:34 PM
    Kinko's did it for me for $24 6 photos very good quality.





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  • santa123
    09-05 10:51 PM
    How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!

    LOL!!!



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  • nyte_crawler
    03-06 02:28 PM
    yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
    (1700 days)





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  • singhsa3
    07-31 02:32 PM
    It is ok as long as she does not overstay 180 days
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.



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  • Anne @ #39;Love and Other Drugs#39;



  • pbojja
    11-06 10:03 AM
    Hi

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!

    I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .

    I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.

    Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.

    For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.





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  • webm
    06-09 02:50 PM
    "Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..



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  • chandra_mb
    07-23 04:56 PM
    Hi,

    The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.

    Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.


    "or other evidence" ... So I think Case status printout + FP notice should be good enough.





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  • GCcomesoon
    05-12 08:49 AM
    Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.

    Once again, nice job buddy

    Keep up the spirits,we will get there

    Thanks
    GCcomesoon





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  • mlkedave
    03-08 03:44 PM
    u know what im trying to say,ferns work was top notch but i just though the three of us were about equal.





    texcan
    12-19 04:32 PM
    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

    Thanks,
    LG.

    Come on...you entered using h4, this is the last status INS has for you.

    People with mulitple visas have to choose a status when they enter back in USA.
    where have you been sleeping.

    its ok, no biggie....

    One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.

    If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.





    kate123
    06-17 01:42 PM
    As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.

    good luck



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