Sunday, July 3, 2011

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  • nkappiah
    07-19 09:51 PM
    I got married recently. Both my husband and I have similar priority dates as labour was filed separately for each of us by our respective companies. Is there any downside to adding each other to our applications and dual filing for greencard?

    Is there any downside to having two applications in each name? Should we do this?

    Thanks
    N




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  • Munshi75
    06-05 06:23 PM
    Open a thread for yourself!!!

    Hi Guys,

    In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

    What number should we write? I-485 receipt number or receipt number for last EAD?

    Can someone please respond?

    Thanks




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  • gxr
    10-03 06:56 PM
    Sorry folks, the question may have been asked before.

    Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.

    If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?

    Any workarounds?




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  • ArkBird
    10-16 01:20 PM
    Unless you serve in Armed Forces



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  • ha002
    06-14 07:45 PM
    Hello

    My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,

    1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
    2) should be convert back to H4
    3) how easy is it to get appoitments in India now for Visa stamping

    Please advice




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  • sd1020
    02-26 02:11 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.



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  • plassey
    08-14 03:24 PM
    How would you do that? You need a company to sponsor you.:confused:
    Hi All,

    I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.

    PEACE




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  • finimits
    04-25 03:17 PM
    Ssashraf, please don't answer a thread question with another similar question. I'm not sure it helps much. In forum posting, that usually leads to disinterest and 'dead' threads where none of the questions are really answered.
    I would either wait for at least one answer or creat a new thread.
    Thanks!



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  • eagerr2i
    09-04 04:15 PM
    If you travel abroad when the change is status is pending, the change of status is deemed withdrawn. Pls contact your immigration lawyer, so that he can work with USCIC to get the new I-94 details on the petition.

    If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.




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  • eb2dec2005
    05-27 11:44 AM
    If your MIL is not in the US, you cannot technically extend the visa.

    My M-I-L is already in the US. She has her I94 valid unti June 7th.
    I did file for an extension online yesterday. However, i am yet to mail the documents.
    What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?

    If at all its not approved, what happens?



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  • rayen
    06-18 01:05 PM
    Experts,

    While e filing I 131( AP Renewal) and on certify tab its asking Title , can you please advice what details we have to provide.

    Thanks in advance.




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  • xyzgc
    12-08 08:36 PM
    be careful man! don't spread false info before bothering to check twice...!:D

    I am tempted to call you retarded, but I won't do that. I know its a slip.



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  • belmontboy
    05-27 05:18 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...

    thanks

    There is a similar thread on this issue.

    http://immigrationvoice.org/forum/showthread.php?t=2204




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  • nkavjs
    09-12 01:43 PM
    I have no news yet about my 2 July applications.



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  • glus
    10-25 06:11 PM
    Hello,
    Do not worry. This sometimes happens, that when a change of status is requested and approved the SSA is unable to see the change in their system. If your H4 to H1 was approved you should receive your Social Security card within a month. I have seen this many times.




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  • Blog Feeds
    10-29 05:40 PM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.

    Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.

    When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.

    These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.

    Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)



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  • ivuser
    02-19 01:06 PM
    QUESTION::
    Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
    (Remember my spouse is applying for H1 )
    ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.

    QUESTION:: How safe it is Frequent travel to Canada and back
    ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.

    QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
    ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.


    QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
    ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.

    QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
    ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.

    REQUEST ::
    Please support IV.

    DISCLAIMER::
    The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.




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  • invincibleasian
    02-25 07:08 PM
    Hi,

    A couple of questions on the simaltaneous filing of I-140 and I-485

    1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
    2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?

    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485




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  • oldguynewguy
    12-19 12:08 AM
    Thanks for the quick response.
    Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
    If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?

    Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?




    STAmisha
    12-22 08:59 AM
    My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

    Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?

    Thanks




    ameryki
    06-18 04:14 PM
    as long as you enter the country back on or before Sept 30th 2010 you will be in good shape otherwise you will need a new visa to enter.



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