sâmbătă, 2 iulie 2011

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    12-09 06:34 PM
    Citizen of India

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  • HuaRhoda
    02-03 02:16 AM
    I have applied for h1 transfer, uscis asking for purchase order.When i check with my employer he told me i have to get into project as soon as possible other wise H1b transfer will be rejected.I have a query? My wife is GC card holder, when she files for me at time of getting her citizenship, will issue occurs due this H1B reject?

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  • grupak
    08-15 10:36 AM
    I have a question regarding employment and I-485 approval. For travel, one can take the I-797 approval notice and get their passport stamped if the physical green card has not arrived yet.

    How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.

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  • reachinus
    07-18 12:58 PM
    As far as i know you will be getting 1 receipt number for each application. so totally 6 numbers to keep track of for the years to come. By the when did u file? Was it for June filing? of July filing?


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  • shaji_p_j
    08-05 12:51 AM
    you may need to apply for h4 again since she used the EAD. Discussing with a good attorney who is knowledgable on this case is very important. Hope you have not used your EAD if got one. If used the issues can be worse as you may lose your h1B status as well.
    Please update your case. I may also face such a sitaution . But not sure at this moment.
    Which service center you applied the AOS and when?

    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.

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  • Rajeev
    01-16 08:48 AM
    Thanks Anurakt. I will join the conference call.


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  • smartboy75
    08-04 07:37 PM
    Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.

    I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....

    my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...

    Anybody else had similar issue or heard about "extended review"...

    Admin's any knowledge about what this is....


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  • coolpal
    02-17 10:25 AM
    You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
    Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.

    And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.

    As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.

    pal :)


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  • Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.

    Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:

    Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.

    Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.

    Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.

    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)

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  • looivy
    07-24 01:13 PM
    I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

    Is anybody else in the same boat?


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  • a_yaja
    01-16 09:56 PM
    In Ohio, they issue a DL for one year from the application for H1B extension if the H1B has not been approved yet. It might be the same case in NC as well - it might be worth checking.

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  • mannubhai
    05-19 11:14 PM
    I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

    My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

    I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

    I need your help and how can I make sure as I do not want to lose my job.

    Thank you,

    I think you will need a Visa.
    I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.

    Other members - please let us know if you are better informed.


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  • skp71
    04-02 11:58 AM
    Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...

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  • jtravers
    04-01 11:12 PM
    Actually folks staying in the UAE can apply to the U.S. consulate there even if they are not local citizens of UAE. The disadvantage of applying in the consulate in UAE is that the visa will be slated to expire when the UAE visa expires. Logic being that if your status in the UAE expires, your US visa expires. In addition, chances of rejection are higher since the only local tie you have to the UAE is your job.

    I would try to see if you could go to your home country and apply. If it is urgent, then you would want to try the US consulate in UAE.


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  • baba84
    04-28 08:17 AM
    could you be a little more specific as to what "a" and "b" or "h" are addressing.

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  • toosunneo
    01-31 01:18 PM
    I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:

    - H-1b Date Started: October 2005
    - Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
    - Date of filing labor: January 10, 2010
    - Time outside US on H-1b: about 90 days.

    My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.

    Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.

    Thank you.


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  • ponnuswamyp
    09-09 01:56 AM
    I gave FP 2 weeks ahead of the scheduled date. They only checked whether I have a FP notice.

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  • aarzoo
    04-21 08:05 AM
    Not sure if you can find one in Delhi, but there is someone in Mumbai - Poorvi Chuthani. A friend of mine is consulting her currently

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  • nlssubbu
    11-29 11:38 AM
    Hello experts,
    Here is a situation of my friend .
    1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
    2.The lost passport includes the old passport with old visa in it.

    Can you please throw some light as to what are his options.

    Thanks & Regards

    Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.

    After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.


    06-07 11:53 AM
    I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:


    10-03 10:01 PM
    >>i got my L1 stamped at Chennai . can i apply for my would be wife l2 visa at Delhi consulate ??
    It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.

    >> My company is not doing any documentation for my wife L2 . can i do all myself
    Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).

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