viernes, 24 de junio de 2011

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  • ultimo
    07-16 07:41 PM
    I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
    Now i got the AP document but the date issued is october 12 2008 to october 2009 .
    But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .




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  • aarzoo
    02-02 06:33 PM
    @clockwork: Can you suggest some good lawyer(s).




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  • immiusa
    09-13 12:12 PM
    Hello,

    This is my opinion and I am not a lawyer.

    I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.

    Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.




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  • LOL123
    02-13 03:41 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks



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  • lp2007
    11-01 05:31 PM
    I think she should not have any problem with her future visits.

    My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.

    One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.

    USCIS takes between 6 weeks to <nn> weeks to process the request.

    One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.

    I hope this helps.




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  • shishya
    09-02 01:30 PM
    Heh. Sure I updated both at USPS AND at USCIS -- and yes I had my Alien # and the receipt number (I got married after I applied for 485 -- so waiting for dates to become current again EB2-May06 to add her).

    Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...

    If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?

    I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.

    Just a thought!!

    If you



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  • la_guy
    01-29 03:22 PM
    does he have the source of this rumour? does vdlrao knows anything about this?




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  • Bezzer
    09-06 08:51 PM
    im not really new to photoshop...i've been using it for a couple of years...just never done a pixel stretch before.. :)



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  • hydubadi
    07-23 08:41 PM
    Hello,

    I already opened a thread on this. does any one has answer for this.

    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    For this amendment my lawyer is charging $400.
    I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.

    Your answers are highly appriciated.

    Thanks,
    hydubadi




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  • Rajeev
    10-12 09:50 AM
    The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.

    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.



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  • cleopatra
    02-17 08:36 AM
    Story 2

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

    So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

    When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

    Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

    So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

    So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

    It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

    Which of the above stories do you want to be in?

    Be active. Participate.




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  • simmy78
    08-10 02:31 PM
    A friend who works in a consulting company was told by his lawyers. I really dont know if this info is true or not, which is why I posted the thread.



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  • kumar1
    06-14 03:03 PM
    God bless Raj. I am not sure if every story ends like this particular one.
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)




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  • gsc999
    01-18 02:58 PM
    Guys,

    Vote for Change. I know you are feeling left out of the presidential caucuses and primaries. Here is your chance. Vote for change, for Admin fixes, change your quality of life and help American economy at the same time by freeing up pent up Entrepreneurial energy and other decisions e.g. buy a house. Ben Bernanke/ USCIS/ President's office, if you are reading this: Empower this sizable chunk of legal immigrants to help kick-start the American economy.

    I only see one vote and that too mine on the attendance poll above.
    Don't let anyone take your vote and your voice for granted.

    Btw, those snacks are not going to finish themselves and I am watching my weight (New Year resolution). Need your active participation. Sign n Dine!

    Show me your vote (for Sunday event attendance)

    I am gsc999, and I approve this message :)



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  • vparam
    05-26 02:16 AM
    The first round was victorious. Hopefully the second and third round does not take out the hard victory QGA & Staffers of various Senators & the Senators have got us.

    Thanks to all QGA & Staffers of various Senators & the Senators .

    I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.




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  • desi3933
    03-03 11:54 AM
    Thank you Desi!
    Man, that is one heck of confusing language, I am still trying to understand it.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.



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  • deardar
    09-14 02:47 PM
    If your employer questions you.

    Tell em you had an appoinment with the Senater. ;)




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  • bipin
    03-18 12:44 PM
    Answers to your Questions:

    My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.

    And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)

    Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.

    My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.

    Cany Any Attorney/Member suggest?

    Dear Friend,
    We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.




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  • glus
    12-08 10:50 AM
    I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.




    dingox100
    11-19 02:18 PM
    My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question

    Visa officer: Whats your Age?
    my friends brother: 26
    Visa officer: sorry , visa cant be issued.. rejected.

    No more questions and no more answers




    vladdrac
    06-11 06:01 PM
    the question may be, why did 'someone' do it



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