Friday, June 10, 2011

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  • x1050us
    06-26 05:03 PM
    My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?





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  • gc28262
    09-03 10:49 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    This is Obama and Grassley in action :rolleyes:





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  • vegasbaby
    10-04 12:14 AM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.




    I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.





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  • nsync1979
    06-18 03:08 PM
    thanks chanduv23 !!



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  • rajivkumarverma
    10-16 07:16 PM
    Whats the reason for the denial ?

    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates





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  • A beautiful red rose flower



  • ksrk
    08-15 02:13 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks

    1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.

    2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.



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  • fromnaija
    01-04 09:05 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.


    It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.





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  • kosu
    08-17 07:47 AM
    My wifes EAD was approved on July 30th. We applied for SSN on 6th of August and she received her SSN on 13th of August. Once you apply for SSN they will give you a letter stating that you have applied for SSN. On that letter it specifically states that you CAN start working and show that letter as a proof to your employer.



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  • optimystic
    09-11 01:40 PM
    ....the other F - the way they have been treating us ;)
    so the letter should end with:

    "PS: and pls dont F?%@ us up "


    ...just kidding, good thinking & good idea

    :D :D





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  • xela
    11-19 06:27 PM
    No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.

    Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
    I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
    Fear drives people to find a black sheep but let us not jump in there too and start hating...

    Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:



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  • ps57002
    10-17 10:00 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .

    My case also similar:

    PERM Applied - 04/24/2007 - EB3.
    Perm Approved - 08/14/2007.
    I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
    I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
    Received USCIS on 08/17/2007.
    Waiting for Receipts.
    Don't know whether it will be accepted or will get an RFE.
    Hey keep me posted on your status.
    I can be reached at sudhakar226@yahoo.com or 862-754-8326.
    Good Luck.

    UPDATE:
    My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...

    my concerns..
    case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska

    4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.

    they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???

    I hope you hear something soon too...keep me updated.





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  • rr_immaculate
    08-05 08:20 AM
    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf

    My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.



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  • kannan
    02-11 11:21 PM
    count me too





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  • bogy
    05-25 01:52 AM
    yep, thats why I am planning to do a masters. If all else fails.. migrate to canada :D



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  • validIV
    03-17 12:34 PM
    Both EAD and H1-B are fine. I am on EAD/AP whereas my wife is on H1-B. We dont have any issues and the banks will recognize both. We use JP Morgan Chase.





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  • zoooom
    07-17 06:01 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
    Agreed...Guys lets contribute for a great cause.



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  • needhelp!
    10-10 05:41 PM
    time to move on...





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  • Lasantha
    04-11 02:04 PM
    Thanks GCwaitforever and HereIComeGC!!!

    Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.





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  • snvlgopal
    06-26 05:49 AM
    I am in the same boat, yesterday talked to the Attorney Murthy, she said there is no need of H4 approval document/extension if they go out of country. If Stamping is needed your extension of H1 Should be approved





    H1B2GC
    09-30 09:20 PM
    You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.

    If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.

    This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.





    godspeed
    10-27 01:38 PM
    visit my blog, it has to-do's after GC.
    enjoy
    Hi All,

    After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

    However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

    following is the current status in the online status of my 485:


    Post Decision Activity

    On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



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