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  • Blog Feeds
    05-19 10:00 AM
    Republican Presidential candidate Newt Gingrich continues to stake out his claim as the sole moderate on immigration in the GOP campaign. Politico reports that he is in favor of a legalization program that will allow "citizen boards" (similar to the draft boards of an earlier era) to determine whether undocumented immigrants deserve to stay in the US. He explicitly rejected a path to legalization. Gingrich is considered a favorite of those in the Tea Party and the candidate's more enlightened positions on immigration support the argument that not all those in the Tea Party are hardliners on immigration.

    More... (http://blogs.ilw.com/gregsiskind/2011/05/gingrich-endorses-legalization-of-the-undocumented.html)





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  • s416504
    06-24 05:05 PM
    Thanks both for prompt reply.

    Current PD for India is 2001/unavilable
    Our EB3 PD is JUL-06 then why RFE now?

    I agree that you should just send the G-325, if that is all they ask for. Just follow the instructions on the RFE regarding how to respond.





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  • immi2006
    05-24 09:28 AM
    Many desi companies apply for EB visas for folks still in India and have them work in India, till the CP stage..

    This is the new trend. Since GC is for a future employment, effective way to consume huge numbers !!!





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  • nousername
    04-07 09:00 PM
    Once you switched from F1 to H1 your F1 becomes void.

    If you can get an approved transfer (don't know form # or name) then you should be good, and don't need another stamp. That is my best "guess".


    Hi,

    I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
    The expiry date on my F1 visa stamp is in 2011.

    I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?


    Thanks in advance.



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  • pady
    08-26 01:27 PM
    FYI, just came acroos this. EB2 India/China Visa available in plenty


    http://www..com/discussion-forums/i485-1/186637569/last-page/





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  • ashres11
    10-29 12:59 PM
    My wife had concived for 3 days in June. During immigration medical exams Doctor gave her MMR shots and stated don't get pregnant for another 3 months.

    After 15 days, We came to know that she is pregnant.

    last week my wife had miscarriage after 18 weeks of pregnancy. Not sure it's because of MMR or something else.



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  • Narayan
    01-20 04:39 PM
    I changed my employer after 9 months of filing 485 using AC21 a year ago and my new employer has reduced my workdays to 3 days a week starting this month. Can I get a second job for 2 days a week with same job description and salary etc ?





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  • sra_scorpio
    12-15 11:43 PM
    Here is my situation and below are my question...

    Entry to US - 08/14/2005
    Petiton is valid till 06/17/2011 (and I have vacation time of 4 weeks).
    Labor applied on EB2 category on 09/23/2010
    EB2 labor Audit replied in June 2009.
    H1B extension based on pending labor applied on 12/03/2010.
    EB2 labor denied on -12/13/2010.


    Question??


    What will happen to my H1B extension? and what time it will get extended?or what action should we take?

    Do I need to re-appeal the labor that has been denied ,apply for H1B extension and wait to get clear the 7th year extension (thruogh premium? from June 2011 to June 2012).

    Can I apply for EB2 or EB3?(which would be best in my scenario, I think i still have time if 7th year H1B extension is approved).

    Can we apply EB2 even after we appeal previous labor which is also on EB2 category ? or do we have to withdraw old EB2 labor and then re-apply again on EB2?


    Please help me with the above questions and I really appreciate your help in this regard.



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  • munnu77
    08-28 08:22 PM
    I wud appreciate if someone can help me on this

    My 6 year H1 ends on Jan 02,2010. My 10 year passort expires on Feb 02, 2010.
    I was planning to gor for my passport extension before I apply for my H1 3 yr extension.(my 140 is approved).

    I talked to a friend who went for passport renewal in Indian consulate, Houston said, the consulate lady told him that he will get only a 1 yr passport since his EAD is expiring with in 2 months.

    I am confused now. I cannot apply for my H! extension until I get my passport renewal and if my friend is right, Indian consulate wont give me passport renewal since my 797 is expiring in Jan 2010.

    Any replies is appreciated





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  • green_4545
    03-07 10:26 AM
    My current title is Software engineer and my company is promoting me to Senior Software Engineer. I am on H1 and have filed I-485 in last July and also have approved I-140. This is just the title change and my duties will be same.

    (1) Does my company need to file H1 amendment to keep me on H1 or do I have to necessarily switch to EAD?

    (2) Does anything changes with respect to GC process?

    (3) Do I need to have any specific paper work from the my company that job duties are same?

    Any help is greatly appreciated.



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  • pasa0202
    12-10 03:31 PM
    Hello Attorney,

    Is my perm valid if I am out the US without H1 B status? OR

    Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?

    Here is my situation:

    -My I140/I485 got denied -- in Aug 2009
    -I got 9th H1B extension which is valid till Apr 2010
    (As I know after Apr 2010 that I am not eligible to get extensions)
    -My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
    -My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.

    My question to the attorneys:

    If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
    Or
    Do I need to wait 1 year to get the new H1B for 3+3 years?

    I really appreciate your suggestions.





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  • nashorn
    12-12 02:34 PM
    You cannot. They only deal with your employer or its atterney in your case.



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  • willIWill
    06-04 04:41 PM
    I believe when DOS calculated the Eb2 China demand data for July, they might have taken all apps pending from Nov22 2005 till Dec 31 2005. Considering the apps prior to Nov 22 2005 as demand for June 2010.

    Same for Eb2 India from Feb1 2005 till Dec 31 2005. To make note is India dates did not change in June so the demand remains the same for that year.

    My 2 C

    All this inventory etc dosent make sense ,

    Pending EB2 cases for china are around 2000 as per USCIS inventory .
    but as per DOS Demand data its only 500 ..

    God Knows whats Happening .

    Thanks





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  • venumadhavb4u
    02-05 11:36 PM
    Hi,
    My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.

    My Question here is
    1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?

    2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.

    3) Can Some one suggest a good immigration Lawyer in San Diego?

    Thanks

    H1b - h4

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

    Hi,
    My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.

    My Question here is
    1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?

    2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.

    3) Can Some one suggest a good immigration Lawyer in San Diego?

    Thanks



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  • anilsal
    12-15 09:10 PM
    Is it worthwhile to ask these Indian philantropists with enough dough to fund efforts like IV? Or are they going to give a blind eye?





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  • dealsnet
    07-20 12:32 PM
    These forms are helpful.
    http://www.travel-masters.net/forms/Parental%20Consent%202.pdf



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  • amitdce
    08-07 02:24 PM
    Hi,

    My EAD card was sent to my old address, which I failed to update in time. I have been following up with USCIS for more than a month, but haven't been able to receive the card or the approval notice so far. I have to start working on Monday (Aug 11th), so this is really urgent!!

    I can join and submit the EAD card within 90 days (as per the I-9), but my employer needs to see the approval letter (something which proves to them that my EAD case has been approved).

    I do have the following which indicate my approved status:

    1. My online status used to show that the case was approved (it said that the card was mailed to me). Now it has changed and says that a new letter (not the EAD card) has been mailed, but I won't get this letter till after Aug. 11th, my joining date. I do have a printout of the previous status, though.

    2. I managed to get a letter from my university saying that my case has been approved.

    3. I have the receipt notice, which shows that the case was submitted and received by USCIS.

    My company still insisted that they would need a letter from USCIS saying that my case has been approved. Any advice on what I can do from here??

    many thanks!!

    -Amit





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  • clif
    04-29 06:25 AM
    But you may be able to apply for transfer and 3 year extension with the new employer after you get your I-140 approval. Pls check with your lawyer.





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  • BumbleBee
    07-20 04:49 PM
    You need to be in valid H1B status to get H1B extension. If you have abandoned it or it has expired, then you are subject to H1B quota. But I don't have any document/memo to support it. Wait for more senior people's response.

    BumbleBee
    **----**





    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!





    sgorla
    02-08 01:57 PM
    My company uses Cheryl-Lenz Calvo. They took long time to apply for the labor certification part of the greencard process, but otherwise they are very professional, and I would recommend this firm.


    does anyone know of any good chicago based immigration lawyer?
    References are welcome!!!!
    :confused:



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