Thursday, June 30, 2011

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  • pani_6
    09-15 08:11 PM
    I was working on H1B from Sep 2002 till Jan 2006 and then converted to H4 based on my husband's H1B. No green card was started for my H1B. My husbnad's GC is in progress, but not even the labor is cleared as of now. I have been in the US on H visa (either H4 or H1B) starting from April 27'2002. Hence when my H1B (the second extension after 3 yrs) came back in 2005, it had an expiration date of April 26 2008 (allotting 6 yrs of H visa).

    I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.

    My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time




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  • gc28262
    10-07 01:19 PM
    H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)

    Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.




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  • kaarmaa
    01-18 12:42 PM
    "Cutting off the nose to spite the face" -- So true.




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  • theshiningsun
    06-18 07:15 PM
    thx aruben.



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  • us_employee
    06-15 10:43 PM
    Thanks Elaine for the quick reply. He worked for a non-profit organisation earlier so either way he'll be cap subject. He might need to come here on B1 and would it possible to convert from B1 to H1 after coming to US or will he need to go back to INDIA and appy for H1 visa at the consulate. One benefit of converting in US would be to find the right employer given the economic conditions.

    Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.

    Thanks in advance.




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  • bfadlia
    05-15 03:48 PM
    Hi Guys,
    I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?

    Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp

    The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
    If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..



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  • sunnyg
    02-17 12:47 PM
    Hopefully you should hear soon... My H-1 extension got approved with in 15 days (normal processing) in last month.




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  • sethurama
    10-18 01:33 PM
    Hi rpatel,

    My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.

    How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.

    Please respond

    Thanks a lot
    Ram



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  • seanl
    08-07 03:22 PM
    I received an RFE that put my I-485 on hold,

    "In order to process your application further you will need to submit the following:

    1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

    OR

    2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.

    Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."

    I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).

    I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
    status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?




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  • snathan
    05-15 02:28 PM
    Hi ,

    I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.


    Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
    I talked with a attorney he is filing my COS.


    1) is there anyone in the same situation evr ?
    1) Is there any other way i can follow?
    2) what percent are there chances that my COS will get denied or accepted?
    3 ) My employer is still marketing my resume?


    Any Suggestions welcome!!

    THANKS in advance

    Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.

    Thanks



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  • GCKaIntezar
    01-03 09:25 AM
    Just sent it via email.




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  • sonia_sd
    11-10 03:35 PM
    Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)

    If you don't know what I'm talking about...

    YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)

    I want to play sunny deols role but who will be My lord here ?? USCIS / DOS :)))

    Nice post thx



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  • psychman
    02-17 04:16 PM
    Thanks for the help Kirupa. It works great now!




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  • aniraj
    02-03 02:31 PM
    My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
    My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
    re-enter on AP as she does not have stamp in her passport.
    Gurus could you see any issue since they are travelling together?
    (They are flying not driving)



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  • birdwing
    07-24 06:29 PM
    what is the purpose of this?

    If it is to share comments between people working on the same project, it would probably be easier to convert it to xps and use document viewer to see it. And then the comments could be saved as a .txt file and sent with the other file.

    Thats my 2 cents although it would be cool to get it working the way you first envisioned.




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  • dog123
    01-11 03:50 PM
    Hi,

    My Priority date is May 02 2007.

    I file 485 and 140 in August.

    My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

    Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

    Thank you,
    Rashesh



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  • devd
    09-11 04:17 PM
    Thanks for the reply,

    Can i call USCIS or it should only be attorney or some authorized persons?

    I agree, Online status is unreliable, but the recent update about undeliverable looks quite straight forward.




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  • newuser
    10-09 10:47 AM
    I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
    My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.

    Thanks a lot gcbackup. This is what I was looking for.




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  • gc_in_30_yrs
    07-27 06:07 PM
    BumbleBee, Thank you for your reply.

    I am afraid to talk to any prospective employers as I do not have a copy of I-140 with me. I have a copy of I-140 Approval letter, but it specifies; this copy should not be used as a proof of valid document for official purposes.




    Saun
    09-15 09:37 PM
    Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.

    I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise




    Blog Feeds
    11-03 07:00 PM
    An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...

    More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)



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