Wednesday, June 29, 2011

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  • Desktop rest from work.

  • amitga
    02-27 01:36 PM
    No wonder you joined IV today.

    how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?

    DO u think the PD will move forward by months,years?any Ideas?

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  • gcdreamer05
    12-30 12:17 PM
    belmontboy ,

    I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.

    Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??

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  • Dalai Lama
    01-17 12:49 PM
    I applied for H1B extension, the receipt I-797 I received is showing my Case Number starting with WAC---xx�xx-xxxxx.

    When last time I applied it used to start with EAC-xxx.
    I am little confused, if anybody knows why it is like that. Please help me

    Thanks in Advance.

    Dalai lama from Tibbet

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  • desi3933
    05-14 10:12 AM
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -,0119-eiss.shtm


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  • newuser
    10-05 08:23 PM
    I need a little advice on sponspring my uncle vistor's visa from India

    My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.

    Does including his family members make any difference?

    Also, having a different family name makes any difference in the sponsor's letter?

    Any help is appreciated.

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  • go_guy123
    07-28 08:24 PM

    Congress may push India's IT firms to Mexico with H-1B crackdown ( H_1B_crackdown)

    That logic wont sell....sending mexican software engineers to US.
    If mexican citziens are sent on TN2 ....well they can also change jobs as well if they are
    "used" for 80 hours a week. Murthy is talking from his a**


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  • RIP DATE: 2008-11-06

  • desi3933
    04-02 08:44 AM
    I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.

    My GC is in process and not filed my I-485 yet.

    Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback


    No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.

    Time spent on H4 or L2 does not count towards 6 years for H-1B.

    As per 8 CFR 214.2(h) (13) (i) (B)
    When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad

    Not a legal advice.

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  • radhay
    01-09 01:33 PM
    I dont think there are hard and fast rules for interview. Some cases were transfered to NBC(National Benefit Center) to share the workload and some they had questions about the case. In my case , the interviewer told me that possible reason is there is a note in my case that said "Not working for the sponsor" which is a geniune question since I wasn't working for employer when 485 is filed. They could have issued RFE instead.

    I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.


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  • virtual55
    03-04 01:19 PM
    Hi All,

    We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.

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  • reachinus
    09-26 03:26 PM
    Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.


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  • hariswaminathan
    10-04 01:02 PM
    I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
    Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.

    Here is what you could do:

    1. Get a good immigration attorney
    2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
    3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
    4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.

    The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.

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  • 485_spouse
    06-07 01:09 PM
    Ignore my question, found answer on following link
    USCIS E-Filing Forms Concurrently ( D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Helpful Hints
    Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.

    Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.

    Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
    - If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


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  • sagittariusarm
    02-12 11:10 AM
    My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.

    Thanks buehler!!

    Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.

    The green card process will be a issue only if the sentence is more than a year, as per my attorney.

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  • wandmaker
    11-03 02:36 PM
    Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.

    Hope this helps.

    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.


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  • desi3933
    02-10 10:14 AM
    My Employer is sure that he gave NO for that question but I am not sure. .....

    Why you think that Employer could have answered YES for that question?


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  • sertasheep
    09-03 10:27 AM
    IV Members can access the recordings of the previous conference calls at the following URL :

    To date, recordings from the following conference calls are available:

    You are encouraged to send in your questions, per the procedure outlined in the thread Free Legal Advice/Opinion from Immigration Lawyers (With Transcripts)


    By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer: The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials. IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.


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  • priderock
    08-02 04:57 PM
    Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.

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  • roseball
    01-07 02:10 PM
    Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?

    Its common for IOs at POE to do this. Their side of the explanation is that they cannot give you an I-94 based on a I-797 which will be valid in the future. They have to go with a currently valid document. Like others suggested, you will have to either re-enter US immediately after the current I-94 expires or go to the nearest intl airport and get this done by defferred inspection.

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  • jonty_11
    06-19 12:32 PM
    link please?

    July 27th, 2006, 04:50 PM
    Antonio - the English translation would be Great Egret. Once in a while we'll see a one or two perched on railings at the state parks around here but they always take off when we get closer.

    Vote 'Yes' for Immigration reform bill - 5882 [Archive] - Immigration Voice

    View Full Version : Vote 'Yes' for Immigration reform bill - 5882

    01-07 03:14 PM
    To All,

    I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.

    When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?

    The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.

    my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,

    If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
    What Kind Of Questions Immigration Officers May Ask
    What Are The Documents I Need To Show At Poe-new York.
    Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.

    Please Share Your Experiences, Suggestions And Thoughts.



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