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Thursday, June 30, 2011

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  • mnq1979
    06-30 05:15 PM
    I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.

    My wife BC is in the process and i think i will be able to get it by the end of the week.

    My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.

    PLEASE ADVISE. THANKS IN ADVANCE!!!!





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  • bin2000
    08-25 01:40 PM
    Dear all,
    My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.

    I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?

    Please advice.

    Thank you





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  • GCBy3000
    07-19 11:25 PM
    Mostly IV and Immigration committee chair women, but how does it matter now.





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  • 131313
    November 16th, 2004, 09:23 PM
    I gotta see this place. ...very inviting photographs.



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  • mukuraj
    05-23 01:31 PM
    I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.

    We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.

    As there is no Green Card in sight for EB-3:

    1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.

    2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?

    Appreciate any help in this regard.





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  • milmuk
    08-24 09:25 PM
    This is a contract position to work in canada.This is normally through couple of vendors.

    My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.



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  • Munna Bhai
    01-25 08:21 AM
    NOPE:(
    min GC required:eek:


    Is it possible that someone else will sign an NDA and you work on small modules at the background !!





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  • aachoo
    08-21 04:12 AM
    Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!

    Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
    -a



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  • pvadduri
    01-25 11:17 AM
    I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:

    - My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
    - I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
    - My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
    - By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
    - CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
    - My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
    - My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability

    My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
    I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!





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  • bank_king2003
    04-23 06:49 PM
    Thanks aruben for your reply.

    the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.

    Regards,



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  • determined_indian
    02-14 06:03 AM
    I am in the same boat (will be filing for extension within a month)...

    Just interpreting the amendment as it is - looks like this applies only to new hires...

    Link to article from a leading immigration law firm

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument

    What is in the Bill?
    "
    (1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.

    (2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"

    Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.

    However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.





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  • HRPRO
    01-24 03:59 PM
    If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.

    If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)



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  • rayoflight
    02-22 02:58 PM
    @Admin: Please delete the reply from VSS as it contains words which are politically incorrect.

    @VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.

    Thanks,
    Rayoflight





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  • ramaonline
    07-08 05:55 PM
    i am not - these are standard codes you can find on the net - I submitted the same to the ins company.



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  • sabgau
    03-14 03:10 PM
    Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
    I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.


    thanks





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  • guyfromsg
    09-21 10:15 PM
    guyfrommsg,

    i have filed in the form / submitted the application for joining the google GA group. please check.

    Hi,

    Remember we met in the rally. Your pictures are great :)



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  • vishwak
    11-10 02:35 PM
    What exactly USCIS did??? which is making you to file Case???





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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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  • Blog Feeds
    04-20 10:20 AM
    Sad for a guy who used to be the voice of reason on immigration.

    More... (http://blogs.ilw.com/gregsiskind/2010/04/mccain-praises-arizona-bill.html)





    amitjoey
    07-03 05:27 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.
    thanks

    I485 approved means GC Approved.





    martinvisalaw
    06-16 11:09 AM
    Not all non-profits are cap-exempt.

    He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.



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