Wednesday, June 8, 2011

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  • number30
    06-15 11:54 AM
    If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate

    Birth certificate issued by Indian consulate is not accepted. It needs to be from original source. Submit as it is. If they ask later you can submit affidavit from Parents or nearest relatives.

    http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html





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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





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  • vban2007
    06-07 02:21 PM
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.

    IF� THEN �
    Your petition
    receipt number
    begins with
    �WAC�
    Send supporting documentation to:
    California Service Center
    Attn: E-Filed I-765
    P.O. Box 10 765
    Laguna Niguel, CA 92607-0765
    Your petition
    receipt number
    begins with �LIN�
    Send supporting documentation to:
    Nebraska Service Center
    Attn: E-Filed I-765
    PO Box 87373
    Lincoln, NE 68501-7373
    Your petition
    receipt number
    begins with �SRC�
    Send supporting documentation to:
    Texas Service Center
    Attn: E-Filed I-765
    P.O. Box 852401
    Mesquite, TX 75185-2401
    Your petition
    receipt number
    begins with �EAC�
    Send supporting documentation to:
    Vermont Service Center
    Attn: E-Filed I-765
    75 Lower Welden Street
    St. Albans, VT 054790001





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  • priderock
    09-17 03:21 PM
    Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead

    That means no one was really offended by you. :)

    You did well.



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  • Harry Potter reminded



  • dan19
    02-20 10:30 AM
    Hello all,

    My I-140 (EB3) is already approved through my present company.

    I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.

    My case is like this:
    PD: 2002-Oct India/ROW
    Category: EB3
    H1 (6 year ends): June 2008

    My questions are:

    1. First and foremost - can I change my job as I am entering the 6th year of H1?

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.


    Thanks,
    Dan





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  • gunabcd
    06-15 10:03 AM
    The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?

    I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:

    http://immigrationadvice.net/I-693.pdf
    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf

    But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?

    I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!

    I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?

    I think in absense of a newer form by USCIS, the expiry date 6/30/07 means the form can be filled in by 6/30. I think the doctor will use his own form and will not accept if you provide one. This is just my logical thinking and not a rule.



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  • harry potter and the deathly



  • iq5203
    01-20 07:12 PM
    This is the only country in the world which experiences this constant and repeated rebirth. Other countries depend upon the multiplication of their own native people. This country is constantly drinking strength out of new sources by the voluntary association with it of great bodies of strong men and forward-looking women out of other lands. And so by the gift of the free will of independent people it is being constantly renewed from generation to generation by the same process by which it was originally created. �.. We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite. It was but an historical accident no doubt that this great country was called the "United States"; yet I am very thankful that it has that word "United" in its title, and the man who seeks to divide man from man, group from group, interest from interest in this great Union is striking at its very heart. ----Woodrow Wilson

    Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush

    I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan

    Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy

    Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt

    K, who reads and posts to antiimmigrant websites? That's like giving them validation. Anyone on there ain't gonna listen to a word you say.





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  • EB3_SEP04
    01-03 12:09 AM
    Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.

    Again - please consult a lawyer

    Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.

    commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.



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  • New Harry, Ron and Hermione



  • ssss
    08-03 08:25 PM
    Forgetting passwds is normal, especially for IT guys :D





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  • DANIEL RADCLIFFE as Harry



  • sent4dc
    08-27 02:41 PM
    First of all, let me thank you all for sharing your insight. This site is a treasury of information.

    I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?

    Thanks again!



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  • smuggymba
    11-30 01:21 PM
    As per the document:

    total EB2 visa available: 40040
    Grand total of EB2 pending: 33850

    So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.

    Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.

    Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.





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  • uppaji
    10-02 06:48 PM
    BTW, who are these mebers? are they members from INW magazine??



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  • Harry Potter



  • bijualex29
    03-24 01:42 PM
    As per the new proposed law:

    Total EB visa 290,000
    EB-1 EB-2 EB-3
    # Visa issued to each categories
    43500 43500 101500
    Max No of visa can be issued to each county ( India) 10%
    77000 among EB-1, EB-2, EB-3

    10% of Total EB + FB visa is 770000.
    Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320





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  • anilsal
    12-18 05:27 PM
    I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.

    I do not think there is a need to send a copy of passport.



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  • Harry Potter, Hermione Granger



  • ar
    02-04 06:07 PM
    I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.

    Who were you talking about





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  • Emma Watson Photo, Wallpaper



  • pointlesswait
    12-29 11:34 AM
    When you apply for H1 transfer..they transfer the current H1.

    If you have more than 6 months on ur H1 you cannot apply for extension..
    when you file for transfer.

    So better option would be:
    a.) Transfer H1...and then file for extension.
    b.) Or file for extension and then change jobs...

    if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

    hope this helps


    Gaz

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?



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  • Ram_C
    11-08 12:44 PM
    Hi all,
    This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.

    The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(

    The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.

    Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:

    In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.

    Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:

    I would much rather be safe than sorry.

    Thank you all for ur replies...


    you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.





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  • Harry Potter Wallpaper



  • hinvin66
    05-05 04:44 PM
    Rental income, stock dividends and interest are allowed under passive income. Passive income is allowed for H1-B (I had/have a rental property in a different state in the US, while I was still on H1B. It's a different matter that I am an EAD now...)

    Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.

    If it's confirmed to be passive - go ahead and make money.





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  • Thewallpaper of the chapters



  • sin94
    11-11 01:09 AM
    --------------------------------------------------------------------------------

    140 filed February 2007 via Nebraska service center (EB2 category)

    Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.

    employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters

    May 2008 140 case transferred from Nebraska to Texas service center

    September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"

    waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers

    15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided

    20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter

    28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.

    30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.

    Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE

    Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers

    what am I supposed to do? what are my options?

    Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact

    Sin





    dixie
    08-18 12:44 PM
    There wont be too many takers for this premium processing for EB3. whats the point in getting i-140 in a jiffy if you have to wait 4+ years to file 485 after that ? The only ones it can help are those seeking 3 year extensions and those seeking to change employers.
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.





    raffu001
    01-31 11:22 AM
    While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.

    Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.

    Thanks in advance.



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