Wednesday, June 8, 2011

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  • thakkarbhav
    11-17 09:17 AM
    DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.




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  • perm2gc
    10-20 12:11 PM
    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
    you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..




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  • ravi98
    10-08 10:32 AM
    Lou Dobbs and Isabel Macdonald sparr back and forth
    Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)




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  • darkblue2007
    10-13 11:58 AM
    I have a close friend who has floated a company to pursue an entrepreneurial dream.
    My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.

    My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..

    Appreciate your help in advance.

    I dont understand why you are hesitating to do this. Since you have EAD, you can do volunteer work as long as you wont get paid. There wont be any legal hassles in doing this



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  • pthoko
    07-05 03:07 PM
    Hi All,
    Please clarify my doubts if you can.

    The G-325A form is asking for dates of previous employment. I have an issue here.....

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

    Thanks.




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  • thomachan72
    06-04 08:30 AM
    I am no expert but here are a few suggestions.

    Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
    However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.

    I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.

    Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.



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  • purgan
    05-25 09:39 AM
    please post the names and email adddresses of the authors....so we can all contact them.

    Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.

    I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
    90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
    exists...

    Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??




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  • CADude
    07-02 03:05 PM
    People can married because date are current. :D INDEED AMERICA IS GOOD PLACE. :p

    USCIS and DOS played ping pong on us.

    USCIS played June Fool.

    We are panned.

    I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.

    I planned to leave my company in 6 months. Now again I am struck.

    I decided to marry a girl just because the dates are current. Now I am struck.

    Oh USCIS(GOD)!!, Why did you do this me?



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  • dealsnet
    01-05 11:41 AM
    First year or 10th year of H1B, the law is same.

    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?




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  • Refugee_New
    08-02 12:47 PM
    I'm surprised u got a 2 yr extn despite the fact that ur case is current. When did u file and which date was it approved?

    i e-filed my ead on the last week of june. sent documents during the first week of july. July 17th, went for FP. Got the approval two days back



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  • ScratchingHead
    09-30 05:33 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,

    If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.

    If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.

    Options:
    1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
    2) Go to your home country and return after 365, but you would be subjected to quota.




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  • istrategist
    03-15 12:25 PM
    Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
    Any help greatly appreciated - thanks!



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  • cdeneo
    03-04 07:59 PM
    Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...

    Thanks!




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  • va_217
    12-31 12:50 PM
    Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)

    If I am in your position, i will not this type of chances.

    how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
    Please correct me if I am wrong



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  • veni001
    11-05 09:27 AM
    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

    You need to consider two scenarios here...

    First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.

    In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)

    Second: Approved I-140 revoked by USCIS due to Fraud

    In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.

    Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.

    If the PERM labor expires then you can not use that to get 1 year extension
    If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p




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  • jayleno
    10-02 10:25 AM
    Just made a payment of 50 dollars.
    Transaction id: 86HZ9-DBRNW

    Come on people, let us help ourselves.



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  • adusumilli
    12-06 09:32 AM
    I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
    even my employer opened a service request.




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  • rayen
    05-06 06:04 PM
    Case: H1B transfer Denial

    One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
    Can he go back to previous employer ?
    Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
    Please let me know it is kind of urgent...




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  • wizkid732
    08-25 10:44 AM
    Thanks for the reply, the wait is painful. Itls like a detention without trial :-)

    when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.

    i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.




    a_to_z_gc
    09-12 03:17 PM
    Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?

    i got mine in 1 week after the ckecks were cashed and RN mailed.




    LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).



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