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Tuesday, June 14, 2011

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  • meragcdedobhai
    10-26 02:43 PM
    to Motivated...

    Seriously, .... Are you really thinking about getting this guy :p

    Good Job!





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  • SR2610
    04-13 04:19 PM
    apart from all above there is a risk in going to Canada or Mexico for stamping. If you dont get visa in Mexico, you need to go back to home country to get visa.
    I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(





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  • kondur_007
    07-30 09:56 PM
    then you are in a good shape. Make sure you keep ur employer and attorney aware of everything.
    Good luck.





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  • st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you



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  • vishwak
    08-13 11:08 AM
    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Its been less than 100 days....

    Did she get Paystub, If not you are good.

    I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

    USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.





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  • gbof
    04-08 02:52 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.

    I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.



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  • harrydr
    03-29 11:06 PM
    What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.

    We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??





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  • eb2_mumbai
    10-20 09:35 PM
    First of all I am not going to judge you by your actions because I do not know the full story of why you did it.

    Now coming back to your question. There are few things you need to do.
    1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you

    2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.


    My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.



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  • gc_maine2
    05-29 03:55 PM
    Your attorney is DAY DREAMING.. Don't beleive him/her,

    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?





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  • dhiru
    08-19 12:45 PM
    Good new... I went to the INFOPASS Washington Filed Office yesterday (walk-in) and told them that my EAD was expiring the same day and will loose my job if I dont get the EAD in next 5 days. The officer was very helpful and emailed the adjudicator to expedite the process. I received an update this morning saying that my EAD has been approved and the card is in production. Hopefully, I will get the EAD by next week and keep my job. Surprisingly the officer called me this morning to inform the same.



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  • Dhundhun
    10-23 01:22 PM
    AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.

    Usually tickets bought in India is cheaper - so there are these restrictions.

    It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.

    Rules might have changed, but this was latest information from my side.





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  • vandanaverdia
    09-11 11:59 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you...
    Come to DC....



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  • ash0210
    11-21 07:06 PM
    gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.





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  • GCHope2011
    10-24 02:17 PM
    Hello,

    I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -

    If baby has to travel to india, do i need PIO or OCI?
    What is difference b/w two?
    Can i simultanesously apply for PIO/OCI along with US passport?
    What documents would I need to apply PIO/OCI along and US passport?
    How long does everything take?

    Thanks,
    ak_manu
    you can only apply for PIO and NY consulate issues it within 4 days (if you submit and collect in-person) or two weeks end-to-end if you apply by mail.



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  • sp76
    06-20 04:46 PM
    If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.


    Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.

    Can I use my advaanced parole document once I get it if my visa gets rejected in India?





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  • fide_champ
    03-14 02:10 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    If you have a valid US/Canada visa stamp, then you do not need a transit visa for Germany.



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  • JSimmivoice
    01-22 08:27 PM
    Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?





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  • aarzoo
    08-23 06:23 PM
    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck





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  • austingc
    04-29 05:42 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?





    kevinkris
    02-18 02:42 PM
    Is it something like appeal for a denial?





    jfredr
    07-27 09:46 AM
    Good one



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