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  • hope2007
    05-22 11:20 AM
    plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
    ;)





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  • bhasky25
    10-11 03:56 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.





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  • Chicago Desi
    03-31 11:16 AM
    Im on my 8th year on H1. still stuck in Labor :(

    My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!

    If after getting promotion your duties change dramatically, say from a programmer you get promoted to manager then you need a new H1. Otherwise, its only the gradual change then every thing is OK. For example, from progammer you are promoted to sr. developer :)





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  • eilsoe
    10-03 01:37 PM
    OR... more... :evil:



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  • bluekayal
    08-20 05:41 PM
    I spoke to a TSC Immigration Information Officer (not customer service). he says they have about 9000 service requests they are looking at. Generally they are not supposed to give status info, but this person does. He is a people-friendly officer.





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  • Oct007
    11-02 12:54 PM
    There are no plans for extended vacation.

    I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .

    I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?



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  • gman
    07-29 09:55 PM
    Safer way is to get legally married before GC gets approved. You can file her I-485 when she comes to the US.





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  • smisachu
    12-13 03:59 PM
    Another thing is whay do you want to get into EB2???:confused::confused:
    Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:

    Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.


    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?



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  • unitednations
    02-28 11:41 AM
    hey unitednations:
    She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
    I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
    The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
    Leslie


    Danger for you is when she goes for the f-1 they also cancel the visitors visa.

    Some people try to get spouse on h-1b and then wait for primary to get citizenship and then file greencard that way.

    Others; are willing to let spouse come to usa on business/visitors visa and then overstay and not go back home until primary gets citizenship and sponsorship through this route.

    There isn't a whole lot of attractive avenues for greencard holders trying to bring in non immigrant spouse.





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  • avi_ny
    03-09 04:11 PM
    What is FOIA?

    Dear members,
    If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
    We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
    .....
    Time is short and we need letters in the next couple of days if possible.



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  • hope2007
    05-22 11:20 AM
    plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
    ;)





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  • surabhi
    06-19 10:52 AM
    I-485 reciepts are not part of required supporting documentation.

    http://www.uscis.gov/files/form/I-765instr.pdf

    see page 6:
    This is for paper filing.

    Need front and back of EAD card
    2 photos
    $340 check or None as applicable

    i-485 receipt notices are required only for first time filers not filing along with I485.


    Sorry to have jumped the gun. I-485 receipt is needed.

    "All applications must be filed with the documents required
    below, in addition to the particular evidence required for the
    category listed in "Who May File This Form I-765" with fee,
    if required."

    On Page 4 in the Instructions doucment refers to the particular evidence

    A. Adjustment Applicant--(c)(9). File your EAD
    application with a copy of the receipt notice or other
    evidence that your Form I-485, Application for
    Permanent Residence or Adjust Status, is pending.
    You may file Form I-765 together with your Form
    I-485.

    Since it talks about other evidence, you can use FP notices.

    The other requirements are photos, check for $340 if applicable, front and back of EAD card.



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  • mihird
    05-21 10:49 PM
    I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..

    But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...

    I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...

    Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.

    The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..

    If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)





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  • prolegalimmi
    03-01 01:51 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.

    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.



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  • superdude
    08-15 02:03 PM
    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

    How was he able to file for 485?





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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)



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  • crystal
    10-18 10:56 AM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    C. Personal Check in Mail:

    You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.


    Immigration Voice
    PO Box 114
    Dayton, NJ - 08810





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  • san3297
    06-29 05:34 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.





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  • bp333
    07-26 10:57 AM
    What was your Priority Date?





    Be_Pragmatic
    07-23 05:35 PM
    It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

    Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.

    OK, thanks much for your suggestion. I'll consult my attorney before plunging in.





    GCNaseeb
    11-14 11:18 PM
    I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.

    I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.

    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.



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