Wednesday, June 29, 2011

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  • Canuck
    05-04 09:05 PM
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    Thanks.





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  • TheCanadian
    11-01 12:09 AM
    You've met him? Did he design these logos? And who can't bite through someone's jugular? All of these questions must be answered before development of the Corn-on-the-Cob Book Pro and iPineapple can continue.





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  • freedom4ever
    04-20 07:23 AM
    As long as you haven't used the EAD/AP for employment purposes, I think your H1 is still valid. If your H1 is still valid then I believe you can get your denpendant's H-4 extended based on our H1 validitiy. But I suggest to contact your company attorney to make sure your H1 is still valid.





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  • EB2_Jun03_dude
    04-22 12:29 PM
    I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.

    Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?



    more...


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  • hibworker
    02-04 04:50 PM
    You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.





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  • bayarea07
    07-09 04:54 PM
    Hello All,
    I have couple of questions regarding Travel Document or Advance Parole.

    My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.

    - Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that

    - Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.



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  • ashkam
    09-12 02:25 PM
    Hello everyone,

    I have a question regarding filling the emp history on G325, I did part time jobs in my university(in the allowed 20 hours) do i need to mention this as well or its just the professional emp part ? The problem is i used to work on and off in my pt jobs which comes out with a lot of periods with breaks in between.

    Yes you have to mention it.





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  • jsb
    11-02 11:17 AM
    Dear Friends,

    Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
    before my I-485 status "runs out" ?

    My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

    Thanks.
    If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.



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  • guest1978
    05-13 10:08 AM
    I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
    __________________





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  • mrajatish
    03-28 09:50 AM
    Ultimately, this bill will go from Senate to Conference Committee and the house members may not approve these provisions. So, we do not really know what will happen.



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  • RadioactveChimp
    04-25 11:14 PM
    nice, i like the green one best

    i second that
    :jag:





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  • mailmy_gc
    10-29 06:24 PM
    LOL! Does he mean I-485?
    Looks like he is talking about I-140, See another post from jville ..
    http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html



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  • Blog Feeds
    03-26 08:40 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:

    U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.

    The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.

    Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.

    "The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."

    But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.

    About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.

    In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.

    That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)





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  • andyny73
    12-08 08:37 PM
    Hi,

    I am going to get married next week.

    I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

    I want to file the H-4 visa for my wife and I have couple questions :

    1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

    2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

    Thank you for your help.

    Andrea



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  • judex
    05-05 12:02 AM
    eb2waiter,

    senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...





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  • Dhundhun
    09-10 06:22 PM
    Folks,

    I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

    My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

    My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

    Please share your thoughts and help me.

    Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.

    Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.



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  • shruthi07
    06-04 10:47 AM
    .





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  • roseball
    03-31 11:11 PM
    Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
    We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!

    I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.





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  • snathan
    05-15 10:40 AM
    There are many people from Canada Commuting daily on H1. So it should be OK.

    Are they also getting new I-94 every time...:confused:





    kirupa
    10-27 08:41 PM
    Yeah, it needs to be made to match the size of the template.





    BNB326
    08-21 01:06 PM
    What are the changes of getting approval by changing H1 to F1 and H4 to F1? Do i need to be in status during their review period of COS (H1to F1) or i can start scholl after filling COS.

    Thanks



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