Tuesday, June 7, 2011

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  • gauravsh
    02-26 12:53 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==




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  • GCSOON-Ihope
    11-04 10:02 PM
    How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?

    How often is an H1 denied? I have no idea but it happened to me...twice!
    The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
    All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(




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  • gc28262
    07-30 12:36 PM
    Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.

    Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.

    Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.




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  • freakin_gc
    11-14 02:59 PM
    I saw two lud on my i-485(yesterday and today) What does that mean?
    I have completed my biometrics, received EAD and approval notice for AP has been sent.

    Can somebody clarify on this please??



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  • dreamworld
    11-07 12:56 PM
    Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....




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  • sriharirag
    07-16 09:57 AM
    In the article. It also says that

    "
    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know...



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  • nkavjs
    09-25 02:12 PM
    me 2




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  • rick_rajvanshi
    09-12 01:44 AM
    Hi Friends,

    Please read the below query and post any information you have. Thanks in advance for your help !

    I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October

    My current H1 VISA is valid until Nov 2006.

    I am planning to get restmped based on my new H1 petition valid until Sep 2008.

    The problem here is that my passport is valid only until Dec 2007.

    In this case Can I get the new VISA stamped until Sep 2008?
    On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"

    Please post your valuable replies.

    Regards,
    Krishna.


    Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.



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  • karthic
    12-18 03:53 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.




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  • dealsnet
    05-06 04:10 PM
    Your earlier post regarding same story about your friend. Now you are telling it is your case. Which one is true.???
    Are you making story and make sensation??
    Guys see her earlier post.
    http://immigrationvoice.org/forum/showthread.php?p=329024#post329024

    Urgent:h1 visa holder leaving country without informing employer!

    --------------------------------------------------------------------------------

    Please help!

    One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?

    Any valuable suggestion will be highly appreciated.

    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.



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  • GCAmigo
    04-30 01:44 PM
    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!

    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"




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  • Famous Logo Designs


  • neelu
    09-15 03:55 PM
    Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.

    Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)

    Wish you also good luck!


    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.



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  • hpandey
    06-25 09:39 AM
    What GLUS said is right but the problem is that it was lost 15 years back . There might not be computerized records from that time or if by luck there are they must be archived that there would be no way to retreive them.

    Try harder to get any kind of records that you or your lawyer or anyone else in your family might have as additional proof.

    And file for the documents as mentioned above . God knows you might get lucky !




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  • stldude
    07-18 10:30 AM
    I agree.. I cannot put in to words the sense of releif IV has provided for all those GC Seekers out there ( not just Indians) !! ! ! ! ! ! ! Way to go IV...



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  • webm
    05-31 11:51 AM
    Hi,

    Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.

    KCIndian

    Made $100 one-time contribution.

    For us it took approx 1 month -- paper field @ (TSC)




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  • eb3_nepa
    02-24 04:41 PM
    Everyone, any idea where Sunil Joshi is these days? Havent seen a post from him in a while. Is his handle different?



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  • ita
    09-16 01:27 PM
    Hi palemguy,

    Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?

    Thank you.

    Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.

    One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.

    We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?

    I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.

    Is any one got the similar response?
    Please share your thoughts on this

    Thanks,
    palemguy




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  • Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)




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  • roseball
    02-17 06:06 PM
    Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand

    If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.




    meridiani.planum
    10-07 05:32 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

    had asked my lawyer this question a while ago. his answers were:
    - its still possible to extend H1.
    - depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.




    sameer2730
    06-03 12:42 PM
    Anyone used this to inform CIS of their AC-21 case since it was announced?
    Any experiences??? I had sent this to my attorney for his inputs but got no response

    Do you know if you can do this yourself or do you need you attorney to send this email on your behalf?



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