Wednesday, June 29, 2011

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  • saketkapur
    07-14 11:42 AM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
    2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if somebody can provide some insight regarding the same.
    regards
    Saket Kapur




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  • carlosCA
    02-05 06:20 PM
    Hi all,

    I am currently working on an L1 visa. Have been in the US for 1.5 years.

    A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.

    Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.

    After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).

    'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.

    My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?

    What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?

    I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.

    Thanks so much for your help.
    Carlos




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  • chanduv23
    04-29 10:28 AM
    Mine is approved I140. If USCIS doesn't ask for paystub then giving EVL of any consulting firm will solve the problem?

    Also, my wife is working on EAD. Can she apply for H1 visa? Will it affect our GC process? I am the primary applicant.

    A bonafide job offer is what is needed. You may want to contact lawyer personally and they will be able to guide you in this.




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  • maximus777
    06-08 11:12 AM
    Whatever maybe the motivation, but I hope there are enough politicians like him who depend on immigrant votebanks to push for CIR. Not sure, CIR even if passed would do any good EB. :rolleyes:



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  • setpit_gc
    04-29 01:27 PM
    Thanks a lot for your quick reply.

    How do I delete the other threrad?.

    Thanks
    Ram




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  • kumar1305
    01-20 12:06 PM
    Who says America is innovative and still developing?



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  • shahpeerally
    12-04 09:17 PM
    Re: #1

    Good question.

    The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
    The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.

    Re: #2

    Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."

    Section 2.5 should be "c."




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  • MetteBB
    05-27 10:19 AM
    That is GREAT news K *loving it


    /mette



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  • imbond707
    12-07 10:59 AM
    Dear IV Members,

    Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:

    1. Write a cover letter (Sample attached)
    2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
    3. Write your I-140 Receipt # in �Column 4�.
    4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
    5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
    6. Send this form to:
    USCIS National Record Center
    FOIA Division
    P.O. Box 648010
    Lee Summit, MO 64064-5570

    I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).

    I hope above information will be useful for others who want to use FOIA.




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  • arnet
    11-21 01:50 PM
    few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

    I checked in H4 extension form I-539, they ask:
    1. current immigration status?
    2. whether you want to extend current status or change of status?

    But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

    Anybody experienced the same issue as above? Thanks.



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  • ubetman
    05-26 04:30 PM
    I can't suggest anything on this. Its upto you. I guess you can wait till the end of this month. Sometimes they approve without sending FP notice as per some posts on immigration forums. you never know it is USCIS.... good luck..




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  • mmk123
    10-17 01:10 AM
    If I take a training course from Sun microsystems by paying them when I am on H4, is it illegal?

    Technically, before October 1st - there is no employee-employer relation. It can be a trainer-trainee relation like Sun example above.

    Also, please don't forget to consult a good lawyer when you have any questions about whether anything is legal or illegal.

    Are you sure, you are not asking this questions as a mischief?



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  • terpcurt
    January 11th, 2004, 09:06 AM
    That is truly a lot of snapping....

    USCIS Website Rollout DiscussionSept. 18, 2009 @ 2:00pm [Archive] - Immigration Voice

    View Full Version : USCIS Website Rollout DiscussionSept. 18, 2009 @ 2:00pm





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  • immi_seeker
    10-02 01:26 AM
    Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.

    As long as you have a valid H/L visa stamped on your passport , you dont need an AP to re-enter. Refer to lot of forums at IV. you will get info about AP/EAD usage and linking with H1



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  • busybee2512
    06-14 12:01 PM
    I went to graduate school in the US, (majored in Architecture) and was on an F1 visa from the period 2006-2009.I graduated in Aug 2008 and applied for an H1 through a consultancy firm.The petition for an H1 visa was approved, but I decided to return back home anyway and came home in 2009.

    2 weeks ago, I visited the States for a week for a conference on a B1/B2 visa. I eventually want to return to the States and work there and therefore, need advice in this regard...

    Given that my petition for an H1 has been approved, will the company that offers me employment have to reapply for an H1 for me?Or can the H1 be transferred from the Consultant company(that got me the H1), to the new company easily?!


    Any help in this matter will be highly appreciated!
    Thanks!




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  • mirchiseth
    03-15 11:50 AM
    Wrote too early. Found some solutions from some of the members

    http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/16706-incorrect-priority-date-on-i-140-approval-notice.html

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/19981-how-to-correct-the-priority-date-mistake-on-uscis-side.html

    But since I am no longer working for the I-140 filing company, I need to find out how would that pan out..

    - Pankaj



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  • lazycis
    04-16 08:44 PM
    Employer cannot withdraw your I-485 without your consent and signature, notwithstanding G-28 form.




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  • eswaraprasad73
    04-09 09:28 PM
    Can anyone of you please clarify if we can file I-140 under premium process using Substitute labor.
    I know that we can file I-140 under premium for the non-substitute labor, and I am not sure if we can file under premium using the substitue labor.

    Awaiting for your response
    Thanks




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  • dan19
    09-12 12:31 PM
    It was archived from friday
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html




    jim
    06-21 05:17 PM
    Your Employer letter should be sufficient to support your wife from your employer,u don't need any other stuff,you can also tell your attorney about the form I-134 for Affadavit for support thats all you need,everything should be ok,don't worry be happy.




    ameryki
    04-16 07:59 PM
    I am planning to use AC21 to change employers. I signed G28 to allow the attorney for my current employer to represent me before USCIS. Since I signed G28, is it possible for my current employer to withdraw my I-485 application?

    Please advise on this...

    If I am not mistaken your 485 cannot be withdrawn by your employer after 180 days but they can withdraw your 140 which should not matter after 180 days. I am sure the pro's here will be able to confirm this.



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