chapper
07-10 09:12 PM
I believe in justice system - but will USCIS keep the application till the trial - is this even a possibility and what they may achieve by doing so....
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sohilbt
07-07 03:55 PM
I too received EVL RFE...however, my lawyer created the letter w/o any reference to AC21...except saying that my duties remains more than X ( > 50 or more)% same as compared to one filed in I-140 application and salary remains above required level.
I had discuss this with HR before joining new position...they had no problem with it.
I had discuss this with HR before joining new position...they had no problem with it.
sands_14
04-07 12:24 PM
All we can do is request and lobby.If senate feels right,they can pass a legislation.We can ask and lobby for it at least.
As it turns out,even EAD is not helpful as it has several issues which dont give you the total independence to do what you intend to.
As it turns out,even EAD is not helpful as it has several issues which dont give you the total independence to do what you intend to.
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Valle
10-24 04:48 PM
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it. Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
Any advice is greatly appreciated.
Have a great weekend,
Valle
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it. Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
Any advice is greatly appreciated.
Have a great weekend,
Valle
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ingenix
09-19 07:26 AM
Thank you guys - u did a great great job
Prophet
05-19 05:51 PM
git
hows that for spelling?! ;)
lol j/k also :P
Prophet.
Edit:- btw shouldnt it be grammar? ;)
hows that for spelling?! ;)
lol j/k also :P
Prophet.
Edit:- btw shouldnt it be grammar? ;)
more...
gimme_my_gc
10-19 01:38 AM
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
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sanju
04-04 01:28 PM
BTW, I am not on "L" visa so plese don't make it sound like L1 V/s H1.
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pd_recapturing
03-20 08:46 PM
Champu,
I saw some of your suggestions in this thread. I need your suggestion on my case. I applied my 485 in July 2007 with an already approved eb3 I-140 (PD: May 2004). At that time, my 2nd EB2 I-140 was also in process but since I was not sure so I applied 485 with eb3 I-140. Later, I received my eb2 I -140 approved with the same PD of May 2004. Thus , I was able to capture my original PD (most difficult task!!). Since then, I and my lawyer have been sending letters to USCIS to interfile my eb2 140 with pending 485. We have not heard anything back from USCIS so far. I had opened congressional enquiry also and they also could not get answer from USCIS. But, congressman office told me that USCIS indicated that they will take most favorable 140 while adjudicating my case. They also suggested me to talk to them again when my pd is current based on eb2. Can u suggest as to what else can be done in this case? I appreciate your answer in this regard. Thanks for reading this long message.
I saw some of your suggestions in this thread. I need your suggestion on my case. I applied my 485 in July 2007 with an already approved eb3 I-140 (PD: May 2004). At that time, my 2nd EB2 I-140 was also in process but since I was not sure so I applied 485 with eb3 I-140. Later, I received my eb2 I -140 approved with the same PD of May 2004. Thus , I was able to capture my original PD (most difficult task!!). Since then, I and my lawyer have been sending letters to USCIS to interfile my eb2 140 with pending 485. We have not heard anything back from USCIS so far. I had opened congressional enquiry also and they also could not get answer from USCIS. But, congressman office told me that USCIS indicated that they will take most favorable 140 while adjudicating my case. They also suggested me to talk to them again when my pd is current based on eb2. Can u suggest as to what else can be done in this case? I appreciate your answer in this regard. Thanks for reading this long message.
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bbenhill
08-05 04:55 PM
What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
here is the url :
http://www.workpermit.com/us/family_visas/spouse.htm
just trying to help ... :-) I am not a lawyer ... :-)
Regards
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
here is the url :
http://www.workpermit.com/us/family_visas/spouse.htm
just trying to help ... :-) I am not a lawyer ... :-)
Regards
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rbutler
06-18 09:53 PM
Similar situation...
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
1) Does one have to be physically present in the US to apply for I-485? Can I send the marriage certificate and any other papers reqd from both of us in Sep 1st week from India (hopefully PD would be current)
2) Is it just the marriage cert that is reqd for filing I-485 together. Assuming I am here and have the marriage cert, can I apply for my spouse even if she is in India.
Thanks.
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
1) Does one have to be physically present in the US to apply for I-485? Can I send the marriage certificate and any other papers reqd from both of us in Sep 1st week from India (hopefully PD would be current)
2) Is it just the marriage cert that is reqd for filing I-485 together. Assuming I am here and have the marriage cert, can I apply for my spouse even if she is in India.
Thanks.
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forever_waiting
03-31 03:48 PM
may not be a bad idea to enter different zip codes each time and reach out to many more publications.
I am doing that for all the places I have lived in (I think that makes it a valid idea) and that way sending out mesg to 5-6 times the # of pubs.
I am doing that for all the places I have lived in (I think that makes it a valid idea) and that way sending out mesg to 5-6 times the # of pubs.
more...
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shirish
01-04 12:21 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?
By the way any idea, which bill this provision will be part of? and wen is it getting tabled?
By the way any idea, which bill this provision will be part of? and wen is it getting tabled?
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waynerd
June 10th, 2005, 03:35 PM
I'm glad I found this post. I own a D70 as of last September and I too was wondering if perhaps I was (a) going completely crazy or (b) just plain sucked and should give up. Don't get me wrong, I still classify myself as a newbie but I DO know what focus is, how to get it and what it should look like and I've thought on numerous occasions while veiwing a soft image "what the hell, I was dead on with this one".
I have to yet to upgrade my firmware, does this fix the problem (providing it isn't me) or do I still have to take the camera in for repair?
Thanks everyone for the info.
I have to yet to upgrade my firmware, does this fix the problem (providing it isn't me) or do I still have to take the camera in for repair?
Thanks everyone for the info.
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abh
08-01 02:19 PM
I got to know about your similar case from other thread. Please answe to my private message.
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aupadh
01-26 03:28 PM
Well it seems the idea to get a Stimulus for 2008 for people having spouses with ITIN is nearing dead end (no action). Now the government is planning another stimulus. I think we should work on taking the necessary steps to prevent the same happening this year (being dropped out). I think we should raise awareness and write to all people including President Obama.
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chanduv23
06-16 03:56 PM
Once you leave your shores and come to another country, peeople from every nationality are same. Indians, British, Nepalese, Pakistanis etc...... There must not be concerns about names that sound Indian.....
Indian names are very nice names, kinda difficult for westerners to pronounce but whats wrong in an Indian name???
Indians also have names like John, James, Mary etc... which sound western. Whats wrong with Aman ?? The name is nice. Easy to pronounce.
Indian names are very nice names, kinda difficult for westerners to pronounce but whats wrong in an Indian name???
Indians also have names like John, James, Mary etc... which sound western. Whats wrong with Aman ?? The name is nice. Easy to pronounce.
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subba
12-05 07:35 PM
The visa in my passport expired 4/2006.
Currently I am on my 7th year (which I do not have stamp for since I did not leave the country in a while) which ends 4/2007.
I just applied for my 3 year extension (8th, 9th 10th) which I hope to get approved in Feb before I leave.
Thats correct. What I meant was, if you're planning to come back before 04/30 then are you planning to come back with the current visa or are you planning to get the new one stamped?
Also, you don't have a date gap in your visa in the passport. I-94 expires 04/2007 and have a new 797 from 05/2007. So I think you are good. But in my case, my I-94 expires 01/2007 and I have 2 797s: one expires Jun 2007 and the other one will be from Jun 2007 to Jun 2010. So if my visa is given based on my latest 797 (3yr based on I140) then how do I enter US before Jun 2007?
Currently I am on my 7th year (which I do not have stamp for since I did not leave the country in a while) which ends 4/2007.
I just applied for my 3 year extension (8th, 9th 10th) which I hope to get approved in Feb before I leave.
Thats correct. What I meant was, if you're planning to come back before 04/30 then are you planning to come back with the current visa or are you planning to get the new one stamped?
Also, you don't have a date gap in your visa in the passport. I-94 expires 04/2007 and have a new 797 from 05/2007. So I think you are good. But in my case, my I-94 expires 01/2007 and I have 2 797s: one expires Jun 2007 and the other one will be from Jun 2007 to Jun 2010. So if my visa is given based on my latest 797 (3yr based on I140) then how do I enter US before Jun 2007?
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langagadu
12-02 06:53 PM
Are you sure he is an attorney? May be he is a normal guy like me still in his halloween costume as Attorney.:D
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
gcmaya
05-24 01:00 PM
Fax Sent
irha
12-07 12:01 PM
120th day
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
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