Monday, June 27, 2011

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  • deecha
    09-15 04:52 PM
    I wonder what the ACLU will come up with :)

    More business for them .... lol .. :-)




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  • kernel_flash
    04-03 05:24 AM
    It's a kirupian stamp after all ;)




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  • thomachan72
    07-14 02:02 PM
    Hi Guys,

    A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.

    I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
    I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.

    Can i really do the above or am i getting too optimistic.
    Please reply soon as i have to make some really quick decisions.

    Regards
    N
    your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.




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  • waitnwatch
    12-30 06:33 PM
    The fingerprinting is generally scheduled to give enough time to the personnel at the center to do their job comfortably and not have a large waiting line. From my experience I found that the scheduling is loose and so the folks at the centers can accomodate an extra person very easily. Also these are contractors who get paid by the number of cases so they are okay with doing a fingerprinting if you turn up on an unscheduled day.

    The best bet is to turn up on a weekday. I did this for both myself and my wife as we were headed to India the day our fingerprinting was scheduled. There was no one in line and the whole process took at most 10 minutes.

    Hope this helps



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  • arnet
    08-22 07:11 PM
    not sure about I-140, i think it should be ok to mention your spouse name but check with your immigration lawyer about this.

    NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..

    Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.



    I am on H1-B, and about to apply for I140.
    My wife has recently got a F1 visa (and her H4 visa has been left valid).
    I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

    Thanks in advance,

    Ace




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  • pani_6
    08-20 05:02 PM
    I am confused...I-140 has an expiry date?

    What would I do now??.



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  • nid
    03-18 02:37 PM
    Thanks Crazymonk.

    Does it always go to consular processing for 2nd option?

    I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?

    Thoughts?




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  • rajiv404
    12-09 06:11 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!



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  • bakara
    09-08 12:07 PM
    Hi,
    DOB was entered incorrect while renewing EAD. EAD got approved but now I want to send it back to correct the mistake I did. So, I guess my question is - When I send my EAD back with the application for Replacement, do I need to pay the fee for EAD again?
    Your help will be appreciated.




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  • javadeveloper
    07-21 08:13 PM
    Hi

    I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
    And also Please suggest If there is any way to apply for 485 without cancelling her H1.
    Thanks in advance

    Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.



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  • SpotanAnti
    10-08 05:33 PM
    byragani is an anti trying to publicize the same thing that Anti's are trying to do and recent BW did.

    Stop posting to this thread.




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  • nsolanki77
    01-19 10:12 AM
    Yes I am a US citizen, I also edit my recent post and put some more info in.



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  • vikram2101
    08-01 09:38 PM
    Emergency Appointments

    A limited number of visa applicants may qualify for emergency visa interview appointments. To obtain an emergency appointment you must satisfy one or more of the criteria listed below.

    The criteria:

    For applicants from all consular districts

    *
    You need to obtain emergency medical care or accompany a relative or employer for emergency medical care
    *
    You need to attend the funeral of an immediate family member (mother, father, brother, sister, child, grandparent or grandchild)
    *
    You need to attend to an urgent business matter where the need to travel to the U.S. could not be predicted in advance
    *
    You are a student or exchange visitor who is within 90 days of the start date of your valid program and who was not denied a visa within the last six months
    *
    You are a temporary worker (H & L visas only) whose visa has expired and who wants to renew your visa and return to your employment in the U.S.
    *
    You need to make an appearance in a U.S. court

    For applicants from the New Delhi and Kolkata consular districts

    * One or more of the criteria above; and/or
    * You are a parent, sibling or grandparent who needs to attend the marriage ceremony or graduation of an immediate family member (son, daughter, brother, sister or grandchild).


    Question:
    Why is a Marriage or graduation ceremony considered an emergency by the New Delhi and Kolkata consulates and not so by the Chennai consulate?
    (extra points for creative answers :rolleyes: )




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  • cherylfoster
    12-27 03:15 PM
    If you wish to travel to England to travel to another destination without going through the Danish border and you have no right to carry in the UK without a visa, you need a direct airside transit visa, unless exemptions they direct airside transit visa. If you are a visa national and you pass through immigration control because you stop in the United Kingdom for over 24 hours you should use a visitor in transit visa.



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  • factoryman
    06-14 03:46 PM
    This is a fit case, where you have send him back a question - what do you mean by that?




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  • Blog Feeds
    04-26 11:30 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.

    In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.

    The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.

    This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)



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  • yetanotherimmigrant
    11-08 04:58 PM
    Here is s tricky situation :

    8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.

    Can I transfer to a new company using this H1 ?




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  • valysivec27
    10-29 01:21 PM
    Hello, I've been offered a job and have less than 180 days since applied for I485. I have EAD document thourgh my wife as well.

    In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?

    Thanks,
    Valy Sivec




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  • shana04
    01-21 07:17 PM
    Pappu / LogicLife / Admins / Gurus on IV,

    I have a request / concern / what ever you would say.

    Please do not cirtize if you do not like the idea, just ignore and leave the thread.

    There are so many people comming to IV for other experts guidance on different things mainly on H1B status, AC21 status, AP, FP, EAD and H4 to EAD, .....

    Why don't you create a general guide lines or rules or do's and don't or QA's for each topic, so that each member or visitor who come to IV can atleast go through them before asking or posting quesitons.

    You can create a survery for different kinds of questions people / members / visitors might ask or have fore each topic before creating the thread so that we can have a pool of questions and answers for each topic from experts or attorney answered. (you might say we have recordings from attorney Prashanti Reddy, but it would be good if we have some thing which can be referred easily i.e., typed.

    These are just some of my thoughts, it can or cannot be implemented. It depeneds on IV admins/Gurus/Experts on this forum.

    Gurus, please provide your thoughts.

    Please do not ignore this though. It might become a very good guidelines/guide/rulesbook for all, not all questions might be answered but we can atleast try to cover most of the questions through survery and then create the thread for each topic.

    Good luck to all. IV is great in doing such a tremendous job.




    gc_chahiye
    09-27 05:02 PM
    Hi,
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.
    Thanks

    Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

    If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)




    four1seven
    05-16 10:07 PM
    look better?



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