Tuesday, June 7, 2011

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  • pd052009
    04-15 12:17 AM
    It is our issue.. Lets gather to solve our issue..





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  • mhathi
    08-22 11:04 AM
    Did you efile or paper-file? Most of the E-filed applications are taking ~90 days to get to Card Production Ordered (CPO) status. Mine took exactly ninety days.





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  • krishmunn
    02-02 07:53 AM
    If you are working in a arbitrary job in a location different from where TVU is (which indicates you never attended classes in TVU) , you are in serious trouble. Your best bet in that case is to quietly leave US ASAP or change your status to H1/H4 if possible.

    In any case, stop working immediately and talk to an attorney.





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  • raysaikat
    10-19 06:05 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.


    Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.

    The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John



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  • Dipika
    11-25 02:05 PM
    Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.

    Here is the OFFICIAL link from US Consulate at Tijuana

    Visa Services (http://tijuana.usconsulate.gov/niv.html)


    Who Can Apply in Mexico

    TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.





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  • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.



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  • anilsal
    12-25 01:32 AM
    top if the administrators can make this thread sticky. :)

    IV has really mobilized the EB immigrant community under one roof.

    I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.





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  • ganugapati
    06-18 02:21 PM
    My current visa status is I-140 approved, I-485 pending, EAD and AP approved.

    I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.



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  • chanduv23
    10-09 11:57 AM
    I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.

    U are a very dedicated IV member. Do stay active as much as possible.

    Someone, please help fromnaija build this chapter.





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  • bashp
    05-13 10:12 PM
    I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.

    Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.



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  • mayurcreation
    10-05 05:23 PM
    Who can file under EB2 categary?

    I have One yr experience from London and One and half year in USA. Can I file my GC under EB2 categary after Two and half year wich will complete my total 4 yrs of experience in I.T. ?

    Any suggestion are welcome...





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  • tabletpc
    07-30 09:13 AM
    Sad to know about u r situation and hope u will get out of it soon.

    Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!

    As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.

    You can port PD from Eb3 to any employment category.

    Did i answer u r queries...???

    Good luck



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  • diptam
    09-07 08:14 AM
    Which company will create a new PERM and new I-140 for someone in this economy ? The chances of rejection are high , the audit chance is also hanging...

    That was exactly my plan 2.5 years ago when i applied for my I-140 and I-485 in 2007 (PD is Mar '05 EB3) however USCIS approved my I-140 in Jan 2009 which was too late. The economy was already in deep recession with unemployment sky rocketing. If my I-140 approval would have come 6 months earlier ( before Lehmann broke) I would have pulled through a new PERM and new I-140.

    Anyway , that's what i was destined so I didn't get I-140 in regular time frame. :)

    If you can try for it that will make your GC faster.





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  • antihero
    12-01 12:06 PM
    It's not your airline but your transit stop. If your flight is through London, you'll probably need a transit visa, but check with someone.

    the flights that I have booked fly via doha, qatar.

    i have heard that even in the case of london, transit visa is not required if the passenger has a valid document to enter his/her destination. which means that an indian citizen must have an indian passport while going to india, and must have a valid visa for usa if going to usa. i have heard that many people unnecessarily obtain transit visa for britain where none is required. one can check british govt websites to confirm this.



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  • ysnraju
    07-25 10:45 PM
    So far not come across
    But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
    So no wonder Dependent may get approval.....
    But lot of questions araises
    Just for argument shake please do not expect to happen but for argument
    if the Primary applicants is not eligible then what they will do ........ :)
    .......





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  • binadh
    07-09 02:24 PM
    OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

    Don't let your emotions cloud your judgment.



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  • pappu
    08-21 10:21 AM
    Its a window of opportunity for us.
    lets all email the following expressing support and hoping for some relief measues for highly educated skilled immigrants.:
    ===
    Wite email addresed to:
    Harold McGraw III
    Chairman, Business Roundtable
    Chairman, President & CEO, The McGraw-Hill Companies
    info@businessroundtable.org
    and co-address to any 1 of the following:
    Edward B. Rust, Jr.
    Co-Chairman, Business Roundtable
    Chairman & CEO, State Farm Insurance Companies

    Kenneth I. Chenault
    Co-Chairman, Business Roundtable
    Chairman & CEO, American Express Company

    John J. Castellani
    President, Business Roundtable

    Larry D. Burton
    Executive Director, Business Roundtable

    Johanna I. Schneider
    Executive Director, External Relations
    ====
    then also email to the magazine that published this article expressing support for such initiative and hoping for something to be done this year before elections. send the letter to the editor so that editor can print in next issue right when this issue is debated on the floor (hopefully). This magazine is read by scientists and it will generate awareness in the community for our cause. Today the nation seems more inclined towards border security and enforcement rather than immigration reform bill. However increasing America's competitiveness in science and technology will have several supporters across party lines.
    science_editors@aaas.org (general editorial queries)
    science_letters@aaas.org (queries about letters to the editor)

    send to both email ids
    ---
    Members with good with writing skills please post your letter drafts on this thread so that others can also use your letter and can send it.
    ===





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  • wandmaker
    04-04 01:52 PM
    wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

    Also, do you think Consular processing might be a better option instead of 485?

    Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.





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  • h1b_tristate
    07-27 08:02 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks





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    03-18 01:08 PM
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