Friday, 1 July 2011

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  • guyh
    07-22 04:42 PM
    Hi my wife is missing her birth certificate can i aplly with all the rest of the documents and send it in later beacause it can take some time to find it in russia or any other suggestions thanks




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  • andy garcia
    01-28 03:32 PM
    I have a original copy whereas the lawyer has the approved I140.

    Should I ask for the original or is that copy good enough?

    This is taken from the 495 instructions:
    Evidence of eligibility.
    Based on an immigrant petition.
    Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative,special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.

    You do not need the original at all. It is property of the employer.




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  • TexDBoy
    11-22 03:37 PM
    I think
    - For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
    - However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).




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  • raj_ky
    08-06 09:48 AM
    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?



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  • wc_user
    07-21 01:47 PM
    Hi,

    I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.




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  • Dhundhun
    05-22 05:37 PM
    I94: The number should be same for all. You need a copy of most recent one. Although, layers have been taking copies of all I94s. To be on safer side, you can send copies of all I94s.

    AP: You can travel on valid AP. Return before it expires.

    Renewd AP: It will have new valid dates. When you get this (in USA) then you can use it for travel. I am not sure whether it is OK or not OK to tell friend to mail it in your country of visit and try to come back on this.



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  • handless
    04-23 07:01 AM
    cool, yeah sorry bout the first one, wasnt really clear on the definition of nothing crazy... my bad, but yeah im glad you like the other two.




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  • ilwaiting
    06-14 01:13 PM
    simple process. planning to do it myself. just make sure you have the right documents.

    I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we?



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  • mk26
    04-25 10:26 PM
    Any one please reply if you know the answer..




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  • Stourmi
    June 4th, 2007, 01:20 PM
    Hi guys.

    I have been looking at several options on a new lens. I don't have a big budget to go out and buy the lens I really want, and looking around it seems that Olympus doesn't have a very wide selection of affordable lenses. I have an Olympus E-Volt 500, and I did see that I can get an adapter ring that would allow me to use any lens that will work with a Nikon Digital Camera. My question is....would using an adapter ring to use other brands of lenses detract from the quality of my images, and would it take away from the speed of the lens?

    Thanks for the input.
    Samantha



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  • Jimi_Hendrix
    10-29 06:29 PM
    There are two phases to this fight. The first phase has less to do with us and more to do with waiting for the dust to settle. We have to wait till the end of the elections for getting a clear perspective of what our approach should be. It looks like the lame duck session will be short and we will be very lucky to have anything done.

    The second phase is to start contacting congress men after the elections and push the momentum to have something passed.

    In the meantime we have to keep creating more awareness among people about this problem. It requires patience and you have to keep frustration and negativity out. As you can see there are plenty of people who are ready to spew negativity at the slightest provocation. The way I see it, we do not have an option to fall to negative sentiments. We have to fight this out no matter what the odds.




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  • Blog Feeds
    08-09 10:40 PM
    We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U.S. consulate very well prepared. We told him to take a certified copy of his entire H-1B package that was filed with the Immigration Service, along with his Form I-797 Approval Notice. We also suggested that he take original birth certificates, marriage certificate, and proof of financial support. He attended the interview this morning and his experience at the U.S. consulate in Johannesburg, South Africa was documented as follows.

    “My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”




    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)



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  • austingc
    05-06 01:35 PM
    Yes - as long as your 485 is pending and you have a US address to receive the card.
    So in this case, the person should send the documents from India, correct? One of the requirement was I-94 card. How will we provide that if you are out of the country? What to say for Last Entry?




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  • edaltsis
    07-25 01:30 PM
    It wouldn't hurt your GC process or your status even if your employer revokes your approved I-140. If you are so worried then check this info from USCIS - http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf

    This will answer all your questions and take worries away.



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  • bbenhill
    08-18 09:46 AM
    For your condition, I believe for #15 is AOS pending .. you will lose your H1/H4 status when you entered using AP.

    not sure about #14, I think it's PAROLEE.

    Thx



    Hi,

    I looked at different forums. But I could not locate a definite answer for my questions.

    I have H1. My wife has H4. Both will expire in 11/2009. I don't have stamp
    but she has stamp. We both used AP to enter into USA recently. We did not use our EAD.

    Questions on EAD paper filing :

    14) Manner of Last Entry into the U.S. ?
    15) Current Immigration status ?

    I believe that the answer to the question 14 should be PAROLEE or Advance Porole. How about question 15 ?

    The immigration officer put 'Conditions: AOS DA' in our AP and new I-94 both. What will be the answer, AOS Pending or H1B/H4 ?

    Please share your experience. Thanks in advance.




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  • sameet
    02-14 10:01 AM
    My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

    From what I know, you can only have one 485 application pending at a timeeeeee. So your wife cannot file for 485 unless she withdraws the one filed under your labor.



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  • perm_res_app
    07-29 03:51 PM
    Thanks for your answers.




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  • kirupa
    11-15 05:14 AM
    Are you trying to programmatically create the element you wish to apply the animation to?

    :bear:




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  • nousername
    01-19 03:01 PM
    Sorry to hear about your situation. You are out of status the minuet you lost your job and the 180 days clock has already started ticking i.e. out of status for more then 180 days and still in the country may result in 5 yr entry ban.

    I don't want to scare you but just sharing the law details.

    Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.

    Also, hire a good attorney if you can.

    Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.

    Also, you might want to look at student visa or visitor visa to maintain your legal status.

    Good luck

    Do you have any idea about the other legal options in terms of immigration i might have.?




    hiralal
    05-04 12:01 PM
    I agree ..I wonder what kind of effect will swine flu have ..it certainly gives the anti-immigrants a huge advantage (as predicted by pat buchanan) ...




    pappu
    01-22 03:33 PM
    A member just posted on his blog-

    http://immigrationvoice.org/forum/blog.php?u=31942

    This is creative and such ideas make the site lively in the new design. It will allow people get more than immigration and an experience of a community. Once we are a connected via various interests, discussions and features on the site, we will be able to better join hands together as a community on IV action items that is our focus.

    abcdgc, pls also post this in the IV cricket social networking group so that all cricket lover IV members can network with each other and also see latest scores, pictures and news.



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  • java4yogi
    03-28 07:38 PM
    Hi,

    I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

    My wife has an H4 from my previous company expiring in July end 2007.

    I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

    I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

    a) Do we need to apply for my wife's H4 extension now to my current employer.
    RESPONSE FROM LAWYER : NO

    b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
    RESPONSE FROM LAWYER : NO

    I am not sure if I am getting the correct responses from my company's lawyer.

    I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

    Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

    I would be very thankful if you could respond to these statements from my lawyer and advise.

    Thanks a lot in advance.




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  • smsthss
    12-19 08:57 AM
    if EAD is used, can we come back to H1B when needed?




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  • ItIsNotFunny
    10-31 11:10 AM
    Hey guys,

    Treat: Send mails: http://immigrationvoice.org/forum/showthread.php?t=22182
    Trick: Just smile here but don't do anything.

    I am a little kid want halloween treat not trick. Please give me some....




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  • TimeSaver
    07-10 05:32 PM
    I had my EB2 PERM filed and approved with PD of May 2007. Filed 140 for this already. Just today came to know that there is a October 2002 EB3 labor available for substitution at my company and matches my profile so I can use it.

    What do you guys say, I only have two days left to file labor substitution, but my lawyers can do it. I have to decide fast.

    Thanks



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  • DDash
    08-16 09:06 PM
    http://www.david-ware.com/


    He is very knowledgeable with non-profits, esp. with universities.




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  • martinvisalaw
    08-17 07:26 PM
    I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.


    Not true. There is no limit, except that eventually US immigration may decide that the person has relinquished their permanent residence if they stay outside the US for many years.

    Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?

    No, the first 2 are for 2 years each, and then one year at a time. Again, CIS will eventually question whether the applicants really intend to return here.



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  • easygoer
    10-20 11:53 AM
    I am lactose intolerance and could not find much support in India for the problem. About your problem, talk to some desi lawyer, who might be able to find some sponsor.




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  • nonumonu
    09-20 11:06 PM
    Hi Vivasan

    I have also been denied an H1b visa this year.. Though I had a strong IT background in a very sought after technology, I dont know what went wrong..

    Did you re-appeal for it? How did it go? what is your status now.. i am eager to hear back from you as it would be help me know the process better..

    Thanks in anticipation
    Naiya:)



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  • arulz
    10-12 01:10 PM
    I was in Canada and came back to US last weekend using AP. I only had two documents. They asked for three but I told them that I only have two and that is all I got from USCIS.
    They made me wait for 15 minutes and then stamped both AP documents and gave it back to me with an I 94 and entry date/stamp.

    I believe you should have your Advance Parole document and not with the immigration.




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  • cooler
    12-15 12:20 PM
    IMHO, If you have a valid H1b visa, then you need to be gainfully employed to keep the visa valid and that would mean you continue to get paid. If not, then that that is a problem. Joining the 2nd company on EAD is not a problem. Coming back to the 1st company on EAD is not a problem either. If you want to keep your H!b alive/valid, then I would suggest that you port/transfer your H1b visa to the 2nd company and when you are done with him, transfer h1b back to 1st company.

    Seems like a lot of trouble to keep the h1b visa valid, but then again, that is one of the options.



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  • gc_chahiye
    10-01 02:58 PM
    Hi ,

    I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.

    I have the following qns:
    a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.

    b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?

    Thanks

    yes to all questions.




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  • kol_rakesh
    01-27 01:24 PM
    hello
    This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted January 25, 2008 11:27 AM Click Here to See the Profile for kol_rakeshClick Here to Email kol_rakesh Reply With QuoteEdit or Delete Messagehello,

    i applied for OPT in OCT no response from TSC for a long period ,contacted international officer--she emailed TSC got response no record of such case found.

    i had to apply again in DEC they cashed my check for this one so got to know my receipt number.

    so i cancelled check of first application as i thought that was missing.

    but problem is they processed the application for cancelled check and sent my EAD too.

    second application is withdrawn.

    now, they came to know that check is cancelled
    they put a status that fee payment rejected due to insufficient funds and ill receive a notice.

    i waited for 2 weeks received a notice saying ill receive a INVOICE notice from INS dept in which i have to pay amount for that case.

    NO INVOICE received and by the time i got my notice from uscis i called to INS they said u are a day late for payment--i said no invoice received so cant get back to you.

    i had payed the debt -- but INS said i was a day late
    it depends on uscis to decide............


    1) now will my application get rejected
    2) do i have any chances of refiling again (if rejected)
    as i graduated in december my I-20 will expire for refiling .?

    I plead moderators and users to reply me in this regard

    reply's are appreciated

    thankyou
    rakesh



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  • swamy
    12-12 09:01 PM
    Swamy, you showed where you belong.

    GG_007

    sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.




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  • EdenMN
    12-15 08:46 PM
    one more to the list and list can go on....


    http://web.mit.edu/deshpandecenter/release_010202.html

    http://www.sycamorenet.com/corporate/index.asp?id=dDeshpande&showlist=true&ir=



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  • raysaikat
    08-24 01:35 AM
    There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.




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  • dval_dpal
    02-08 02:54 PM
    As far as i know, it dosent matter if you are on EAD or H1b. You can open a bussiness as a investor. You can have profit of that business but you can not generate your payrole or you can not work for that particular business. I will recommend to assist immigration lawyer or CPA.

    thank you



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  • richana
    08-05 04:48 PM
    You need to find out what type of visa etc etc I don't think she is giving you all the details. You can appeal on anything unless you have broken the law.




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  • shana04
    01-22 10:57 AM
    ...it makes sense totally...

    Thanks for supporting




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  • ramesh9
    08-20 09:58 AM
    Wife and I applied for our 485 on june 16th 2007 and we got our receipt numbers and did our biometrics on August 1st. As of yesterday I got my EAD card. My wife has not. Is that common or is this something I need to be worried about. If anyone has any knowledge, please let me know. I checked USCIS where i have an online account and have registered all the receipt numbers, for her it says it's still pending.

    Thanks folks and great job by everyone. appreciate all the help provided here and god luck to every one.




    arunmohan
    03-06 11:52 PM
    Hello:

    I have same question, please reply it.

    Regards




    barusri
    10-24 01:18 AM
    Hi
    This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?

    i.e.
    My Name On

    FirstName MiddleName LastName
    SSN is : RAMAKRISHNA PRASAD BARU

    LastName FirstName MiddleName
    EAD is : BARU RAMAKRISHNA P

    Thanks and appreciate for your help in advance.



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  • Blog Feeds
    02-07 08:30 AM
    When it comes to the Visa Waiver program, clients often ask me, what happens when a Visa Waiver traveler who is in the U.S. visits a third, non-adjacent country, and then seeks to return to the U.S.? Do they receive a new 90-day period upon re-entering the United States? What if they go to Mexico or Canada or another adjacent country?

    According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.

    If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.

    Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.




    More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)




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  • eilsoe
    10-07 12:27 PM
    Awww... but she still looks cuuuute... :)




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  • shree772000
    05-01 05:46 PM
    Looks like immigration-law.com is hacked and being redirected to deckplans.com




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  • va_dude
    05-01 02:01 PM
    The key might be that your current employer should be able to give you some kind of letter that details your job duties, etc.

    If this letter can allude to the duties in your original labor that's all your attorney would need to make your case.



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  • psam
    09-13 07:30 PM
    Sorry for posting on this thread. But I do not know how to open a new thread. How does one do that?

    I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?

    Thanks for your response.




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  • shalabhgandhi
    07-23 08:48 PM
    Its the one on the extension form...well my lawyer told me and thats what I filled.



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  • gcwait2007
    06-23 11:33 PM
    Here is the USCIS official URL page/ press release:

    http://www.uscis.gov/files/article/premproc_22jun09.pdf




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  • johnggberg
    07-20 02:43 PM
    but visa dates may get retrogressed again than Priority date will play role



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  • little_willy
    09-15 10:54 AM
    " There is only one thing that is certain in life - death. Everything else has certain uncertainty to it and cannot be fully trusted, that's why you should question everything."

    Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.




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  • nsb_immig
    01-01 04:12 PM
    Hello,

    I am on H1, have filed Labor on 10/30/2009 (awaiting decision) and still have 2 months to go before my 6th year of H1 starts.

    Now, i have plans for higher studies, but since i am a consultant/contractor and my projects are all over the US, I am planning to go full time (early 2011) either in US or outside.

    I checked with a friend if I should go full time in US and he told me that since i have filed Labor, i have shown 'immigration-intent' and therefore my F1/student visa request will be denied, since F1/student visa is a non-immigrant visa.

    Now my question to this forum of lawyers is, Is the above true for F1? Also, if it is true and due to that, if i plan to study outside USA and after my studies (which keep me out of US for more than an year) want to come back and work in USA, will my request for an H1 also be denied due to the same 'immigration-intent' i showed in my Labor process earlier, since H1 is again a non-immigrant visa?

    Thanks in Advance for your help !

    PS: I am a newbie in this forum. Pls let me know if any info is missing, or if such a concern has already been addressed in an earlier post, pls point me to the same.



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  • vvicky72
    10-17 09:05 AM
    My 485 got approved 2 months back. There was an RFE for my wife and by the time I answered it, the visa numbers were over. Now I am planning to change my job. I know its good to wait for at least 6 months before you switch over, but I don't have that option. Can there be any issues with my wife's application?




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  • gk_2000
    02-10 09:37 PM
    I wonder how many of you caught this from Obama's facebook:

    Advise the Advisor | The White House (http://www.whitehouse.gov/advise)

    I threw in my advise on the two questions:
    * How is American innovation affecting your community?
    * What are the obstacles to innovation that you see in
    your community? And what steps can be taken to remove them?
    e-Trade and e-commerce is the most prominent product of innovation, and continues to grow.

    Obstacles to innovation in my community: I belong to the community of people who are in US on a work visa. Our main obstacle is the US laws themselves, because the present laws forbid us from doing anything on our own. If I wanted to make facebook, US laws would say, hey, go back home and come back on an EB5. Of course, we cant do that. So your laws are being ridiculous


    ---
    Let's go at it, since they want to listen



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  • eb3_nepa
    08-30 11:57 AM
    Sukant71, what exactly are you trying to say?




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  • ranand00
    02-09 07:03 AM
    Thanks for the reply
    I thought cap to non-cap transfer could be done anytime
    again if someone has similar experience or an attorney please reply
    thanks



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  • dealsnet
    07-31 05:19 PM
    If you are eligible for EB1, file I-140 now. EB1 is always current in every VB. No need to port EB3 PD. For EB1, no need for Labor process; direct I-140 filing.

    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks




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  • anilsal
    09-04 08:55 PM
    I am sure he will update his profile that he will be there at the rally.

    Others reading this, you have reached this thread. You can easily reach DC for the rally.:D



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  • JazzByTheBay
    09-16 03:19 PM
    to see you chime in... it's WHAT IV WANTS... :)

    jazz

    U will get a lot of what you want :)




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  • Blog Feeds
    05-06 08:20 AM
    The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2010 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.

    Winners should start finding out very soon. Notifications to the randomly-selected diversity visa or "green card lottery" winners are being sent between May and July 2010.

    How does it all work?

    Soon an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.

    Only participants in the DV-2010 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2011 lottery if they wish. The dates for the registration period for the DV-2011 lottery program will be widely publicized during August 2009.

    More from the State Department (http://travel.state.gov/visa/immigrants/types/types_4574.html)




    More... (http://www.visalawyerblog.com/2010/05/diversity_visa_lottery_2010_dv.html)




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  • vinoddas
    01-10 05:58 PM
    This is pretty confusing to me as to what I am can and cannot do with an EAD/AP combination. Right now I am on an H1-B visa. What are the major differences from getting a green card, other than the fact that if the green card is rejected for some reason, I would have to leave the country For example, on EAD/AP, can I:

    1. Quit my current job and sit at home, and do nothing?
    2. Start a company?
    3. Go to Full time MBA school?
    4. Go to part time MBA school with my current job?
    5. Switch jobs as many times as I want using AC21?

    -Vinod




    Michael chertoff
    05-08 08:58 PM
    Start with Libra. I have seen people talk, talk, talk and talk about immigraton and gone with the wind right next day they get the green card. Start with a member 'libra', he always used to blame eevrybody, not seen since the day he got his GC. Share some other names.

    buddy they moved to " Why 5 years wait for Citizenship forum"

    MC




    abcdefgh
    11-13 06:23 PM
    Hello

    I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.

    Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.

    My questions are follow:

    1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
    2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
    3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
    4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
    5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
    6. and Lastly, the things I need to keep in mind while at port of entry?

    I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.

    I really appreciate any advise.

    Thanks

    Sanjay