Thursday, June 9, 2011

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  • godspeed
    04-16 12:54 PM
    doesnt make sense, how does h1b-lca matter to I-485 adjudication?, isnt this a clear case of witch hunting?





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  • snathan
    05-08 10:23 PM
    We are all paying tax for years and the way USCIS works...we would get the GC only by next birth. This is very ridiculous rule.





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  • jediknight
    04-05 09:56 AM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK





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  • ramus
    07-02 09:50 AM
    Please study IV first and then raise any question.



    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.



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  • ssss
    05-18 12:56 AM
    Your question is not clear. "her green card expires on the 21st of august"

    - She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

    "she has an appointment on that day for what i think is to get her permanent residency"

    - If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


    This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.

    Probably he is talking about the conditional green card one gets after marrying a US citizen





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  • ragz4u
    02-24 01:31 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?



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  • chakdepatte
    01-04 08:33 AM
    i called them after 90 days. they had no clue why it was not processed so they threw in a RFE for fotographs. send response, all cleared. in 15 days.

    if ur case goes beyond 90 days, dont hesitate to call. all my 10 yrs with USCIS, They are are simply lazy and only know how to raise fees keeping immigrants as hostage.

    All the best.
    Oye chakdepatte





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  • mdross2
    11-26 12:39 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.



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  • GCBy3000
    11-29 11:37 AM
    Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

    NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • statuslaw
    01-31 12:03 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!



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  • lonedesi
    04-04 10:59 PM
    Thank you Bkarnik for your quick response.





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  • visaspirant
    10-21 11:50 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
    Thanks so much Elaine!
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.



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  • apoojo
    08-24 02:01 AM
    Thanks for the reply, hibworker.

    Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.





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  • urstruly
    07-27 03:32 AM
    Can somebody please respond????



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  • MLS
    08-07 05:22 PM
    I may be wrong but I remember reading that sometime back US made rule that the h1 stamping can be done only at your home country (country of nationality). So doubel check on that.





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  • ca_immigrant
    01-16 07:57 PM
    Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...

    When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)

    I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....

    so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....

    We have 2 kids...one 6 years and the younger one ...one year....
    How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?

    I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)

    Thoughts friends ?

    I am in the software industry (Business Inteligence)



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  • indyanguy
    07-01 12:30 PM
    Bumping for help..Is my lawyer concern justified? I would like to know how and when does a new EB2 application affect a pending EB3 application. Would USCIS deny the EB3 application as it's not necessary anymore since I have a new EB2 job lined up?





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  • umar
    06-12 05:35 PM
    Hi all,
    I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.

    I'll really appreciate any thoughts n comments on ma situation





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  • chaki
    02-13 12:23 AM
    Thanks for your responses. Can you answer one more question ?
    If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.

    Chaki





    Ann Ruben
    05-27 05:12 PM
    Pappu's response is exactly correct. Because you have an advanced degree, you meet the first prong of the NIW test. But, that is the easy part. Meeting the 3 criteria Pappu lists is much more difficult, and, as a practical matter may require you to demonstrate not only the "substantial intrinsic merit" and value of your work to the US national interest, but also your unique/exceptional ability to do that work.





    spicy_guy
    04-23 02:25 PM
    Good news finally?

    Obama presses for immigration reform - latimes.com (http://www.latimes.com/news/nationworld/nation/wire/sns-dc-obama-immigration,0,6471381.story)



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