Wednesday, June 8, 2011

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  • Becks
    01-08 06:30 PM
    i havent change my wife's last name and i dont see any advantage.

    trivia: we had two colleagues(wife and husband) working in our team. we never knew that they were wife & husband since their last names were different.

    so there may be advantage to refer wife for jobs in your team if you have different last name!!!




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  • Matt Peru
    08-16 10:42 AM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.




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  • ameryki
    02-13 06:30 AM
    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.




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  • GC_ki_daud
    03-13 03:21 PM
    Any body ..Any good suggestion/Advise



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  • kirupa
    05-21 08:32 PM
    Hi Marina - can you zip up and attach your project? :)

    Thanks,
    Kirupa




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  • krishmunn
    09-17 12:08 PM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    If the extension is denied the person falls out of status immediately and the visa get voided.

    Check this from Murthy Chat (answered by Attorney Murthy) --

    MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)

    Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?

    Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.



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  • reachinus
    07-14 12:33 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.
    I do agree.




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  • GC Struggle
    04-21 09:17 AM
    You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.


    Here is a situation....

    Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.



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  • a_yaja
    01-16 09:27 AM
    Hi,

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.
    Niru

    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.




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  • arc
    10-26 01:05 AM
    ???like a week before?



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  • ajju
    09-08 12:26 PM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??




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  • edifier
    07-23 07:40 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...



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  • cbpds
    05-18 01:24 PM
    How about thread "lighten up"??? Although its not relevant to Immigration, it sure is a good thread that helps everyone to lower their blood pressure after reading visa bulletins and other Immigration hassles.

    There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day

    my 2c

    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.




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  • Aah_GC
    06-25 06:21 PM
    You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.



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  • wandmaker
    06-13 10:46 AM
    Call USCIS and tell them you have not received your green cards yet..

    Do not give any incorrect directions.

    TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.




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  • andreafejes26
    03-31 11:17 PM
    Thanks a lot for your comments. They are really helpful.

    In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

    Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

    Do you know the "standard" wording for USCIS decision in cases like mine?

    Thanks a lot again, I really appreciate your comments.



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  • nashorn
    12-17 08:57 PM
    Hi friends!

    I have applied for my I-485 in June 2007.

    This is what i got on 29 Nov-2007

    On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    and on Dec 11th my status changed to

    On December 11, 2007, the post office returned our last written notice on this case as undeliverable

    My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..

    we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.

    if somebody who knows or gone through the same please share with me what you did and what happened.


    thanks a lot.
    Ramana.
    If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.

    People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.




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  • kirupa
    05-27 03:31 PM
    Added!!!!!!!!!!!!!!!!!!!!!!!!!!!!11111111111111!!! !!!!!!!!!!!!!
    ;)




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  • reverendflash
    10-21 02:55 PM
    I promised I wouldn't... =):x

    Rev:elderly:




    tampacoolie
    08-04 09:04 PM
    I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

    Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

    In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

    Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.

    Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.




    ramus
    06-19 08:47 PM
    You can take photo any where you want as long as you meet their photo specs.
    If you have AAA membership try it... You will get it for free.


    will any agent take photos or is there any specified location

    thanks

    kumar



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