Monday, June 13, 2011

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  • yabadaba
    09-14 12:48 PM
    me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed

    what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?

    what about stamping in a place like Dubai.. anyideas?

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  • desi3933
    06-22 09:59 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.

    It is the last entry not the first entry.

    It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).

    If your attorney does not understand 245(k), may be you should consider getting second opinion.

    Section 245(k) applies for ALL employment based I-485s.

    Not a legal advice
    Permanent Resident since May 2002

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  • logiclife
    04-12 12:08 PM
    Here is the link to wikipedia article on Immigration Voice:


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  • thomachan72
    11-05 07:26 AM
    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.

    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.


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  • gc_check
    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.

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  • chanduv23
    09-15 06:41 PM





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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).

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  • chanduv23
    09-14 02:14 PM
    Lets all compliment people coming from coast to coast

    North west
    North East
    South West
    South East




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  • fromnaija
    09-15 10:52 AM
    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.

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  • va_dude
    05-07 12:52 PM
    it doesn't boil down to who you trust more. Both opinions have its merits.

    But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.

    Just my 2 cents.


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  • kumar1
    05-28 09:29 AM
    Thank you. I was looking for an answer too.

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  • sertasheep
    07-05 05:39 PM
    ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.


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  • deardar
    09-14 08:44 AM
    Flying to DC for their GC.............

    Happy to know that there are still people who like and know how to make a difference.

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  • GoneSouth
    08-20 01:25 PM
    I would just wait out the 6 months for AC21 to kick in, then go to work for a reputable company. There's no need to sign on with a dicey consulting shop once you've got your EAD and AC21 is in play.

    Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).


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  • Leo07
    09-30 12:49 PM
    There is lot of information in some of the old threads on this forum.

    I was looking for it when I had appointment in Nogales. I ended up canceling that appointment and went to Calgary,Canada Instead.

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  • Hinglish
    06-13 12:22 PM
    Not to derail this discussion ...but the post below is classic hinglish !! :D

    When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.

    Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.

    Try simple question - name check is cleared or not?


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  • desi3933
    04-06 03:11 PM
    You can see many denials for 3 year degree people in various forums including IV.

    I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.


    You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.

    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....

    Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.

    If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.

    Not a legal advice.

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  • pappu
    08-21 10:59 AM
    Can moderators setup Web Fax for this?

    we aready have a webfax for this

    However, if anyone can spare a few minutes, pls. also send emails to these members from the site -

    There is a website contact for each of the member.
    An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.

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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) - Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States. Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas. H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of See me dilemma?

    08-11 09:51 AM
    Eb2 -I
    Pd 04/19/2006
    Rd 08/13/2007
    Nd 10/10/2007

    07-05 09:03 PM
    I think you and many more members here are simply paranoid!

    Do you think that after announcing that all applications will be rejected, USICS will just keep those applications indefinitely? Come on, we are dealing with a federal government agency here, not some mafia.

    I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...

    a) Need to record each application that they have received
    b) Need to make sure that there are no concurrent I-140 filings
    c) Need to differentiate the packages received in June and July
    d) Etc
    e) Etc

    What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?

    What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....

    What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?

    Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?

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