пятница, 1 июля 2011 г.

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  • vijay0101
    06-21 12:13 PM
    yes still labor transfer is possible ..But you have to very carefull.. you need to find what was companys financial position at that time when labor was filled. wheather you were fullfiling your experience as required in Labor at that time... and you need to check the companys situation if it is not blaclisted by DOL.

    It is just my openion you can check with attorney's.




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  • InTheMoment
    06-16 05:04 PM
    Use I-134 instead which is used for EB petitions.




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  • martinvisalaw
    12-22 12:03 PM
    You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.




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  • Caliber
    05-11 12:55 PM
    My I-485 is pending and priority date is OCT 2006. We have EAD which expires in DEC 2010. I also have H1B visa which expires on JUN 2010 (After 3 years of extension after I-140 approval.) My question is:

    1. Is it worth having H1B visa extended just in-case? Will extending H1B visa cause any problems with pending I-485?

    I appriciate yr help.

    Thanks
    Jig.

    Is it worth having H1B visa extended just in-case? -- Worth only in case some thing happens to 485

    Will extending H1B visa cause any problems with pending I-485? -- No

    Request you to please contribute and become Donor.



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  • tcsonly
    07-17 08:15 PM
    The news from CIS brings joy for a lot of the IV members.

    So, express thanks by donating as much as you can for IV to continue to work for our cause.

    Comparing with the attorney & medical expenses, the donation to IV is a small amount, and it will be worth a lot more than you can imagine.

    BTW, I just donated $100 from Google checkout.

    -C.

    Admins,

    Please make this a sticky to keep in the top.




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  • theshiningsun
    08-03 09:42 PM
    thx for the update.

    can u plz let me know which visa would be applicable to this category if not J-1?



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  • Pasquale
    04-01 04:50 PM
    can I be batman?




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  • dealsnet
    05-11 03:38 PM
    If your H1B is denied and didn't appeal, you are out of status.
    You are in status, while your petition is pending for 240 days.

    Hi All,

    Please help!!

    I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.

    My company has applied for 1-129 on April 1st 2010.

    I have a few questions -

    1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.

    2. If I am out of status, is it going to effect my visa renewal or H1 extensio?

    3. What to do?

    Your response will be highly appreciated, I am very confused.

    Thanks & Regards.



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  • eb3_nepa
    01-21 12:44 PM
    Yes. You will get all the tax rebates. I remember getting the rebate check after 2001.

    THAT makes sense. Since i had JUST graduated in June 2001, i must have filed as a NON-resident for that period.




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  • goel_ar
    04-28 08:34 PM
    Hi Buddy,

    look at this thread. I went through same situation.
    Hope this helps.

    Thanks,
    Arun
    http://immigrationvoice.org/forum/showthread.php?t=22458
    Hello

    I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
    when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
    can anyone help me with this.
    how many days will it took to complete the process??
    is there any other way around........
    please answer me ASAP.



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  • wandmaker
    10-29 05:56 PM
    H1-B Extension after 6 years.

    Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?

    I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.

    The 6 yrs limit on H1 is about to be over.
    Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?

    Thanks in advance
    Venkat

    In order to extend H1B beyond six years, you do not require to be with the GC sponsoring employer. One must have filed a labor 365 days before 6th year end date. 1 or 3 years extension is based on what stage of GC processing you are in. Hope this helps!




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  • RNGC
    02-23 01:18 PM
    Interesting (?!) situation!

    One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?

    1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?

    2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?

    Thanks



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  • go_guy123
    03-11 02:04 PM
    My sister in India may be getting married to a US citizen..she would like to apply for a tourist visa first so she can come stay in the US and spend some time with him before her marriage.

    If she applies for a tourist visa, stays in the US for a month or so and then later they apply together for a fiance/K3 visa, are there going to be problems for the K3 visa application considering that she had just applied for a tourist visa before? Is it better to not apply for the tourist visa in this case? Thanks...

    Way to go !!! great . Thsi is the way otherwise if you follow the other wise (round about way) Declare intent and get GC at Consulate...USCIS will start giving you a hard time with with rampany misuse of 221(g) enquiry etc. That is the beauty: At consulate they have unchallenged powers and they know it and therefore abuse it; But once you enter USA ...if they give you a hard time, you can haul their a**es to court and
    sue them


    If you ram into US with a B1/B2...then great they will made deal with you...however one thing
    be careful about...if the marriage is soon after you enter US and can complain of the false intent in the B2 entry...

    Have alook at Fiancee visa (K Visai think so ) as well.




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  • sujijag
    09-29 01:32 PM
    I see this online Update in my Approved I-140. What does it mean ? Just curious..
    Post-Decision Activity

    On December 15, 2008, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



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  • dunkin
    06-26 02:16 PM
    hi guys,

    i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.

    i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?

    also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?

    thanks in advance, and sorry if the above are dumb questions.




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  • myimmiv
    06-05 06:39 PM
    Hello all,

    I applied for I485 + I150 in June 2007 under EB3. My I-140 is still pending.

    Employer used a preappr labor with PD of May 2005. However, the lawyer gave me only the ETA 750B portion of the labor to fill

    Now, from some forum I found out that PERM was started in March 2006 and the form was 9089 to be used for labor after march 2005 filings.

    So, how did my employer file my labor using ETA750B part which was applicable for old labors ?



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  • sweet_jungle
    03-04 11:03 PM
    I came to the US on F1 for MS and then trasferred to another college to pursue my PhD. During this time my F1 visa expired, but I am maintaining my legal status as my I-20 is valid. I got married last year and my wife who originally came on F1, is now on H1.
    I am going to planning to go to India in end of April and need to renew my F1 visa. What are the chances of my renewal getting refused, due to my wife's H1 (dual intention) status? What documents if any, can I show in order to prove that I have intentions to come back to the US?
    I need to get a visa interview date soon, so please reply as soon as is convenient.

    Thanks in advance!

    Should not be a problem. just keep some property docs.
    Worst case, they will give you H4 visa. Once you enter on H4, you can file I-539 to change from H4 to F1.




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  • khare81
    01-08 03:13 PM
    Hi,
    My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
    I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?

    Thanks a tonne!!!




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  • sounakc
    05-31 06:32 AM
    please help




    Immqry
    03-21 03:55 PM
    Hi,

    My I-485 currently pending which was filed based on Approved I-140 (employment based).

    My sister also had filed I-130 (Petition for Relative) on my behalf, whose priority date has become current
    in last Aug 2009.

    My Attorney had sent letter to USCIS requesting to Transfer my pending AOS from Employment to Family based,

    (AOS Interfilling) in november 2009. She sent another letter in Jan 2010.

    I called USCIS three times to find out the status on my application. My attorney has also called two times.

    There is no change in my status at all, the USCIS don't even confirm that they have received any letter for
    Interfiling my application.

    They tell me to call the service center where the letter was sent. Is this possible ?

    When my Attorney sent the AOS Interfilling Letter, She did not send I-864 (Affidavit of Support)
    with the Letter. When I Asked her, she said as per parson's memo only the letter is required. Is she correct ?

    If anybody has similar case, please advise me.

    I don't know what to do ??? Should I wait for the response from USCIS ? , should I Change the Attorney
    or Should I take Infopass Appointment.

    It has already been four months since my attorney has sent letter, and I don't see any progress from USCIS.

    someone plase help me.


    Thanks




    sujijag
    09-16 02:15 PM
    EB3 is an overloaded ship, either you had to abandon(read porting to Eb2) or unload few of them (removing 245(i) cases from Eb3) to reach the target.
    Abandoning can take an year for most of us - PERM Approval time line for now.
    Unloading will never happen in this economic scenario
    So we had to look for lifeboat saving to do the miracle. If any one finds it let me know am ready to grab it.



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