Thursday, June 9, 2011

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  • smartboy75
    11-06 05:57 PM
    Who issued the checks ?? Was it you or your employer ?




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  • vinzak
    01-04 11:27 PM
    LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL

    with original witty quips like that, i would really encourage you to be a standup comic.




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  • jvordar
    04-07 05:48 PM
    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..




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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now



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  • GCVictim
    07-24 01:22 PM
    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

    Question:

    My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.




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  • pappu
    09-22 01:12 PM
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637



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  • gvenkat
    05-17 07:35 AM
    I believer you have to show somehow your resposnisbilities include that as well. I don't think it's that difficult




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  • TeddyKoochu
    10-26 02:32 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!



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  • needhelp!
    10-10 05:41 PM
    time to move on...




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  • drirshad
    05-24 11:22 AM
    Is postal address for e-Filed AP & EAD same, are the 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.

    Anything missing from the following:

    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.



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  • nixstor
    02-09 07:10 PM
    I know that its a blog but that the tone of blog clearly says that they are very close. If I am not mistaken, their previous 50K was also recaptured from unused EB numbers.




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  • shana04
    05-18 01:05 PM
    RFE for Dependent - To show the valid status from day of entery till we filed I 485

    One of the supporting document is I-94, but we gave at port of departure.

    We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.

    any body with similar experience please share your thoughts.

    Thanks,
    Shana



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  • pal351
    05-05 04:39 PM
    :)They might Pal.

    Wow that would be nice.




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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.



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  • sbmallik
    05-29 10:15 AM
    Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

    On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?

    Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.




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  • sertasheep
    03-25 11:34 AM
    Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

    If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

    You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

    There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


    Regards



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  • cherupally
    09-11 10:42 AM
    Thankx for the info.

    did you send ur 485 application directly to TSC or was it transfered to TSC?


    Mine was directly send to TSC. No transfers.




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  • Vsach
    10-06 10:49 AM
    Dear All.

    I have a couple of queries and would appreciate your guidance in the matter.


    -I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.

    -Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)

    Regards




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  • bfadlia
    03-15 01:31 PM
    ^^^^




    m306m
    08-13 10:24 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.


    Yes Right, Hats off to Mr. Phelps.

    in other olympic news,
    Alicia Sacramone was heart broken because of 2 major faults last night which contributed in the US not winning gold.
    Katie Hoff didn't swim well and came 4th in the 200 meter medley

    In other news,
    And yes, Russia should not be invading Georgia. I think McCain is right.
    Also, A building collapsed in Mumbai
    Further, 3 aid workers were killed in Afghan attacks

    Oh and for more news, we should visit www.cnn.com

    Now, how is all this going to help me get my GC sooner.. hmm..:confused::confused:




    bhagat69
    04-23 10:54 PM
    Only PD 2003 2004 for EB2's are getting approvals, what about EB3's ??



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