Saturday, July 2, 2011

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  • dealsnet
    05-10 12:54 PM
    Your understanding is wrong. 6 years in H1B only considered. They don't count period on L1,L2,H4 etc....

    See the link.

    USCIS MEMO.
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf




    ALSO from A LAWYER'S SITE.

    USCIS Memo Time in H4 and L2 Status No Longer Counts Towards H1 or L1 Time - Law Firm Litwin & Associates, A Law Corporation Attorneys South San Francisco, California (http://www.litwinlaw.com/CM/ImportantAnnouncements/USCIS-Memo-Time.asp)

    As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.




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  • elusive
    10-14 09:11 AM
    Hi,

    I am Planning to go TORONTO for my 2 H1B visa stamping.In my first experience my application was under administrative processing for 6 months, but since I have AP and EAD I came back,then when they called my Passport was about to expire in 5 Months so with my new passport it went into administrative processing for 2 more weeks then I was asked to come down to toronto and I got my H1-B

    Now here are my concerns specially how to prove

    1) Employer employee scenario( what docs will prove VO, I work as a IT consultant at third party have my H1B approved till 2013, visa is expired,Vendor is ready to give letter , client does not have this policy )

    2) My project end date is feb 2011, what if he asks me what will i do after that, how to convince?

    3) will my previous administrative processing triigers for admin processing again ? I heard that once you went to admin processing after that any time you go for stamping you will go through admin processing?

    4) Will use of Advanc parole (in case of admin processing) TO come to US in anyway cause issues when admin processing is done and visa is to be issued?

    5) Is it safe to go to HomecountrY(Hyderabad,India) than toronto since I dont have US Degree but I did study MS for 3 semesters yet to complete

    6)If I Marry and wants to use AP to enter but work on H1 status, can I still have my wife go for H4 Interview with my expired VISA but unexpired I-797 and she comes on H4 and I come back using AP and work on H1 status?




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  • gc2
    01-11 02:02 PM
    you dont have to withdraw 485 for dependents as it will automatically expire. In some rare cases USCIS may allow applicants who have stayed out of US beyond AP expiry date to reinstate AOS application but that is at the discretion of the officer. it could be humanitarian grounds.

    if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.




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  • Blog Feeds
    01-13 08:30 AM
    As we watch the earthquake destruction in Haiti with horror, one group of individuals that will likely start to get attention is the population of Haitians currently in the US and who are obviously not going to be able to safely return home anytime soon. US immigration law actually has a system to handle precisely this situation. It's called Temporary Protected Status and it is available to individuals who are from country suffering armed conflicts, disasters, or other extraordinary conditions. The Secretary of Homeland Security is empowered to determine which countries are on the TPS list. People in TPS status...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)



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  • ramaonline
    01-12 12:56 AM
    eb2 requires bachelors plus 5 years experience or masters plus 0 years
    the experience must be gained prior to joining the gc filing employer if presently working for that employer

    The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?




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  • josecuervo
    07-24 01:41 PM
    I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

    Is anybody else in the same boat?

    I checked my receipt notice. PD is blank. I checked with a friend of mine and his receipt notice PD is blank too.
    BTW mine is paper based filing.



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  • cagedcactus
    10-19 09:08 AM
    Welcome to the Land of the freeeeeeee.
    They call it Democracy....




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  • martinvisalaw
    09-03 08:22 PM
    Hello,

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?

    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.



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  • pdakwala
    04-04 02:53 PM
    Hello people,

    When you contribute money keep in mind that when you get GC you are not the only one to get GC but your whole family will get the benefit. So please consider that also when you are contributing money and please contribute generously.

    Cheers




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  • hpandey
    11-26 01:57 PM
    Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
    7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.

    Yeah its frustrating everyone waiting for a GC .. I think doing something is better than nothing. Go with your spouse. Who knows things might take a turn for the better.



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  • jessy-james
    03-26 05:59 PM
    so filing I-130 altogether is a new process and filing I-130 will not change my PD for EB3.
    Thanks




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  • priyasagiraju
    12-27 01:49 PM
    I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.

    It says case is not found ,even tried calling customer service .

    Does it take time to get uploaded online ?
    Did anyone else face this problem

    I am not getting any information from my employer.
    Is there any other way we can find out if USCIS accepted my application.

    could some one please help me in this

    Thanks



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  • bugsbunny
    05-17 01:24 PM
    Hi,

    I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?

    Thanks,

    KEDoubt

    You can extend your F1 status under "cap-gap" relief

    USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Here is an extract but please read the entire document carefully from the above link

    Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
    A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.

    If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.




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  • hsadan
    09-30 07:55 AM
    haha..but i can't seem to find a suitable color scheme :P

    um...looks gritty? u talking about the 'rays', rite? i made it by drawing the lines and then radial blurring it...i used the good quality, maybe i should use the best quality next time :)

    i have made some changes, including removing the words in the upperleft..but i can't change the flare cos i don't want to do it again :smirk: (took quite awhile ;))

    thx for your comments...
    (Anyone else? =) )



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  • mayhemt
    04-28 04:26 PM
    Santa Claus?
    Tooth Fairy?
    Are they next too? (NVM, Santa Claus is undocumented in the first place anyway - crosses border every year, brings in unauthorized livestock and does unauthorized work including breaking and entering homes) :D




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  • cbpds
    08-07 03:31 AM
    Nothing to worry, you have made no mistake, thats the way it appears

    all the best

    Hello Friends,
    I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?

    Please help me getting answer to this puzzle.



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  • raj3078
    05-09 01:18 PM
    And we might be in the final edited version (very good chance) for a few minutes
    Great news




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  • eilsoe
    05-02 04:49 PM
    lmao :lol:


    nice one :P




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  • Ann Ruben
    04-23 06:54 PM
    That could be viewed as remuneration for services thus meeting the USCIS definition of employment. At least theorhetically, this would violate your H-1 status.




    kart2007
    06-02 06:43 PM
    Hey I got the same status update for my wife and me today. I think it means we can expect an interview or be called for FP soon. Any more info would be useful.




    roseball
    10-10 01:10 AM
    Sorry.. Subject should have been "Filing PERM During 6th year of H1"

    Hi,

    I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
    Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
    Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.

    Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).

    If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?

    Thanks
    WA

    Yes, you can start your GC process anytime. You have a safety net of an approved I-140 to get you H1 extensions. Yes, as long as there is a job which you are eligible for and the company is willing to sponsor you, there wont be any issues in applying.



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