Wednesday, June 29, 2011

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  • sweet_jungle
    10-14 04:33 AM
    This is getting ridiculous...losing my patience

    I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
    So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers





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  • tcsonly
    07-24 11:22 AM
    There is already another thread on priority date transfers started almost an year ago, and that should provide answers to your questions.

    Admins:

    Please close this thread.

    -C.





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  • vallabhu
    03-05 11:25 AM
    Thanks psgprasad

    My case was filed in EB3 and denied due to B'Sc but we have a strong case to refile so we will do that I am using Adam from Murthy law firm.





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  • nousername
    04-02 04:07 PM
    That actually is the right way to do it.. Once your project is done technically your H1 is expired and you need to return to your home country.

    Yes, you can file for a transfer and travel anywhere you want but for reentry you will need the transfer notice or approval notice from the new company, which can be mailed to you. If you already have a visa stamp then just show the new approval (transfer) and they will let you come in.



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  • DareYouFireMe
    02-11 07:15 AM
    My friend has I-140 Approved Petition under EB3/Dec 2002.
    Another employer offered him an approved Labor (EB2/July 2006) which enables him file I-140 immediately and upon I-140 Approval, he would file I-485 using his existing Priority Date (Dec 2002) along with H1B extension (Attorney advised him not to file concurrently as it may confuse authorities).
    He is in the 8th year of H1B.

    How risky is this business if skills on approved Labor are not fully matching with the resume?

    Also, the new company offered him to join only after I-140 approval. Not sure what are the things scrutinized at I-140 and I-485 stages.





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  • logiclife
    08-02 07:09 PM
    I googled it
    http://www.dhs.gov/xlibrary/assets/cisomb-rr-31-uscis-sop-02-0807.pdf

    That is not SOP. that is recommendation of CIS ombudsman to USCIS about SOP changes and advance notice.



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  • imi99999
    02-25 11:45 PM
    Dear Friends at forum:
    My husband was an Asylee (approved asylum) when he got married to me. But he got the Green card through me. I am a US citizen. Now he wants to apply for Citizenship through me.
    when we applied for his Green card he had to renew his passport of his country of citizenship. it was one of the requirements. That country of citizenship was obviously also the county of his persecution. there was absolutely no issue about it at the time of his Green card interview.
    But could it be a problem for citizenship interview?
    He never traveled to his country of citizenship nor to any other place. He has never left USA ever since he came here. Does his asylum case will again surface at the time of citizenship even when he is applying for citizenship through me?My understanding is that the asylum thing is no more the issue if he got the GC through me??

    Your advice, input and suggestions will be highly appreciated.
    Sincere replies only
    Thanks a lot in advance!





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  • EB-VoiceImmigration
    08-29 06:15 AM
    I suggest to go with extension. U can file for extension 6 months before the expiry of H1. so Apply in next month (if applying in regular) or in oct or nov (if applying in premium). Passport expiry may not be an issue for extension.

    In my case, i have applied for extension(in regular process) 5 months before existing H1 expiry, where as my passport is just valid for 2 months after existing H1 expiry date. Didn't face any issues in getting approval.

    May be u need to check with Attorney for one scenario where due to RFE if the extension is pending beyond 5 or 6 months..

    Based on my experience I'm suggesting this.. better check attorney or experts also.



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  • abhicyber
    02-03 07:45 PM
    Hi Guys,

    I have recently got married and entered US on AP, I have not used my EAD and started working for the same employer (GC sponsered). My wife is going for H4 Stamping in US consulate in India. Does any one has any experience? Do you see any problem during Stamping.

    Thanks in Advance.

    -Abhi





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  • jayleno
    07-23 10:46 PM
    Thanks for the post. I did a search and I got some results. Looking at the results and the name of the site I felt there is a typo in the name.
    It should have been stalejobs.com instead of scalejobs.com. If you are remotely associated with the site here is my disclaimer:
    I'm not a judge so please do not take my judgement seriously. No offense nor pun is intended in my post.

    I came across a good job website and it looks like lot of interesting features than todays job sites.

    www.scalejobs.com



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  • sdrblr
    05-02 09:33 PM
    you are nobody to the middle vendor and he has no contract or anything with you. Whether he pays your employer or not is none of your business... it is for those two to figure out.

    Legally your employer has to pay you whether he is getting paid or not. If you want that $$$ complain against your employer before he closes the shop and files bankruptcy.





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  • arnet
    08-22 07:11 PM
    not sure about I-140, i think it should be ok to mention your spouse name but check with your immigration lawyer about this.

    NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..

    Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.



    I am on H1-B, and about to apply for I140.
    My wife has recently got a F1 visa (and her H4 visa has been left valid).
    I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

    Thanks in advance,

    Ace



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  • gc_mania_03
    08-13 07:00 PM
    Folks,

    My Green Card was recently approved. But, due to retrogression I had not filed for my wife's green card.We did file her I-485/EAD/AP during the month of July. My PD is around 2003, and I dont see my wife's GC being approved very soon.

    My questions are:

    1. What kind of documents are required in the future? Lets say, I start a company and work for my own company. In that scenario, what are the requirements I need to fulfill to keep her application in good standing.

    2. What happens if I go without a job for a few months(between consulting gigs). Does this adversely impact her application.

    3. At the minimum, how do I keep her application in good standing, and be ready to respond to future RFE's.

    I am not sure if these questions were discussed in this forum. I would appreciate if anyone can point me to any links.

    Thanks





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  • raysaikat
    04-29 12:59 AM
    My wife is currently in the US and since my PD is current we need to file her I-485. We are trying to self file and would like to know what documents do we need to provide to prove that she successfully fullfilled her 2 year home residency requirement (HRR). She left the US in January 15, 2006 and came back on H4 in February 8, 2008.

    The fact that she was granted H4 visa implies that she has fullfilled the 2 year HRR but our attorney said that she needs to prove that my wife did indeed fullfill this requirement.

    Has anyone been in this position?

    Please advise.

    Thanks in advance.

    The stamps on the passport would show that!

    Anyway, you can include your wife's paystub from the employer if she was working, university records if she was studying, etc., when she was outside USA. However, I am not sure if any of these is needed since the passport is sufficient for establishing her period of absence.



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  • reachinus
    03-15 06:02 PM
    You can apply for a new H1 and will not abe counted against the cap. That is what it mean by cap exempt.





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  • lincoln
    01-20 03:32 AM
    Divak, Please see this link:
    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf

    If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.



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  • kirupa
    04-11 08:18 PM
    The new version looks much better onsitus :)





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  • Blog Feeds
    06-13 05:20 PM
    Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.

    It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.

    The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.

    USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.




    More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)





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  • rsrikant
    09-24 01:26 PM
    there is no 140 processing update from texas... any idea why or what is the update??





    gsc999
    04-02 06:25 PM
    I have sent invite to couple of people who sent me PMs to join the state chapter group





    sodh
    07-24 06:47 PM
    so far i've been the ones to pay everything...i know govt got stricter this year and now it HAS to be employer who pays....so i'm in bad place as I know how my employer is...
    You can alway's pay cash.



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