Saturday, June 11, 2011

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  • phillyag
    07-18 03:07 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?




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  • gaz
    11-18 01:36 PM
    background -
    A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
    H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.

    questions -
    If she gets laid off (next round of layoffs are expected in dec), can she still:

    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    2) file a new labor and port her PD from the approved 140?
    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?

    Thanks in advance!!




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  • seahawks
    06-02 08:43 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?


    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.




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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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  • Nickjr
    10-10 12:35 PM
    Yes I have done recently ( Last week)

    I went to France consulate and all they wanted to see was my EAD so if you have Valid EAD u should be fine

    Thx
    Praveen




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  • arunoman
    04-10 02:41 AM
    Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.



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  • kshitijnt
    04-25 09:33 PM
    New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.

    If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
    You will need approved petition or receipt number to transfer H1.

    As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.




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  • pcs
    07-17 09:39 AM
    IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....


    WHAT ARE YOU WAITING FOR ???????????


    ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????



    WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW



    THANKS



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  • Berkeleybee
    04-08 01:21 PM
    I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?

    Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....

    Atlfp,

    I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.

    Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.

    So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.

    Will keep members posted on this.

    best,
    Berkeleybee




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  • honeyB
    01-23 02:23 PM
    Hi,
    How can we findout whether we got soft luds or not?



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  • eastwest
    04-16 04:08 PM
    You dont have to answer that question. They have all your records, just provide your A# and they will find out.

    I chose to answer the questions with * only which are required fields.

    Thanks




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  • overseas
    08-25 10:11 PM
    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.



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  • skynet2500
    11-24 02:03 PM
    Yes. This is what I am thinking. They are going to stay for 6 months anyways, I wanna take advantage of tax deductions if possible. Would getting an I-94 extension for a week going to be a problem? thanks.




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  • leo2606
    09-15 08:07 PM
    andy_8214,

    You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"



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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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  • gcbikari
    01-07 03:29 PM
    i see the estimate tool is showing
    max weekly is $415
    max benifits is $10k

    I thought it was like 1/2 of your salary.
    It will be much less considering taxes and deductions like child support etc.. :D



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  • mwin
    12-05 04:03 PM
    One of my friends with his April, 2004, EB3 PD got his 485 approved.
    No wonder they usedup 30% of Visas.




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  • chnaveen
    06-09 06:46 PM
    After the July 2007, there was July 2008, and then July 2009 before July 2010.
    So no need to think about that July 2007 every now and then.
    We should do our best like the one we just had, the Advocacy days in DC.

    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.




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  • inspectorfox
    09-16 12:49 AM
    I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!




    ita
    11-29 03:11 PM
    Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.

    FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.


    I changed my address online and confirmed my address with cSR.
    I didn't send AR-11 form though.
    I didn't get any confirmation mail for address change to the new address..

    Is this fine?
    Please advice.

    Thank you




    raysaikat
    07-13 02:36 AM
    Hi Raysakat

    Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)


    You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).


    while she is on F1 or wold it lead to conflict in visa status?

    As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.

    SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
    Thanks

    Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.

    As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.



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