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  • Joey Foley
    November 21st, 2005, 10:57 AM
    I think two is the most sharp, but I like how the smoke is going over his head in the 3rd one.

    That's just my thoughts.Anybody else?





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  • satishbsk
    07-24 06:26 PM
    I Contribute to IV and selected a wrong choice oppps
    With PD Feb 07 ur lucky to file 485, so contribute one more recurring.:D

    _____________
    Contributed $ 280 so far $20 monthly.





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  • YesWeWillGet
    09-13 06:45 AM
    I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

    Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

    Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

    Thanks,





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  • never_giveup
    11-05 02:20 PM
    They might not necessarily ask you, but its always safe to have the below documents.
    In our case, they asked us once and the other time, they did not care.

    1. Copies of Passport of both the parents (page with picture and name details)
    2. A letter authorizing your in-laws to accompany your daughter.

    Get it notarized if you can. If not, send the signed copies.

    If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.



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  • mattresscoil
    11-05 01:03 PM
    Fellow IVians:

    Background:
    We are one EAD/AP. (may not matter in this scenario but still mentioning)
    My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
    She has been living in India with her Grand Parents for the past one year.
    She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.

    Question:
    Since both parents are not accompanying the infant is there some documentation needed?
    Has anyone done this before? Can you please post your experiences and suggestions?
    I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?

    Any information will be sincerely appreciated

    Thanks, Mattresscoil!!





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  • deecha
    07-16 03:07 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !



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  • perm2gc
    11-06 10:35 AM
    I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.
    Please search the forum.Your question was adressed in many threads.





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  • saimrathi
    08-10 02:13 PM
    Please post in Media thread...



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  • amslonewolf
    05-16 10:44 AM
    But wasn't there a recent update that USCIS will be using USPS delivery confirmation service to send out cards..

    USCIS - USCIS Improves Delivery of Immigration Documents through Secure Mail Initiative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ecdd8ae14af210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    From Oh Law Firm -

    05/02/2011: USCIS Secure Mail Initiative for Delivery of EAD, AP, and Green Cards by Priority Mail with Delivery Confirmation

    USCIS has just released information that under a partnership with the U.S. Postal Services, USCIS has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. The SMI reportedly enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USCIS can confirm that these essential documents were delivered to the proper address. SMI provides USCIS customers many benefits of ability to track the status of their documents through USPS tracking system, quicker delivery documents through USPS Priority two to four business days sooner than with first-class mail, average three days, and customer's ability to contact USCIS�s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status "two weeks" (but not earlier) after getting their approval notice in the mail. For the details, please read the USCIS release.
    It is, however, not clear the meaning of "Delivery Confirmation." Currently, the USPS uses two delivery confirmation options, one option requiring signature of the receiver and other option not requiring signature upon delivery. If it is the former, the customer should make it sure that the receiver is present to sign the delivery confirmation. As soon as this is clarified, we will post the information.





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  • andycool
    11-17 09:26 AM
    DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.



    http://issso.uh.edu/PDF/TexasIDCard_%20and_DriverLicenseRevised.pdf


    http://www.txdps.state.tx.us/administration/driver_licensing_control/ImmigrationStatusChart.pdf


    please do little research friends ...this was discussed long back in this forum...

    all the documents are available in this forum



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  • canleo98
    01-11 02:29 PM
    As per my understanding, extension will be given if and only if :
    Either Labor is pending for more than 365 days or Labor and I-140 is approved.
    If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
    Am I right in interpreting the rule correctly?


    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks





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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Thanks



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  • number30
    10-22 04:47 AM
    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.


    If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?





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  • bluekayal
    09-08 01:19 AM
    approving 2 I-140s , one based on Schedule A priority date - 2006-- and then another one using the prior labor date 2004. And then when it comes to adjudication, refusing to accept the 2004 priority date.



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  • InTheMoment
    06-15 10:07 AM
    Use the one with the 08 expiry date. This is what I did and prefilled it before I gave it the doc. Point out the OMB expiry date to him incase he is making trouble!





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  • mhathi
    06-19 04:43 PM
    1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??

    It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.

    2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??

    Really appreicate your help..

    H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.

    Hope this helps.



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  • eb3retro
    01-08 01:27 PM
    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime

    i think you should ask the same question to your lawyer with the same tone. you would get a huge bill seperately for your tone other than charging you for the answer.





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  • a_yaja
    03-07 03:34 PM
    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
    Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.





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  • brit_gc
    05-04 12:46 PM
    I had an RFE which they received on Feb 8th, still no response after 12 weeks.
    Is there anything to do here, or just wait and twiddle my thumbs?!




    Current Status: Response to request for evidence received, and case processing has resumed.

    On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





    desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





    abimanyu
    08-19 09:20 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(



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