Tuesday, June 14, 2011

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  • dpuranik
    07-25 12:04 PM
    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?

    I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.





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  • yabadaba
    06-18 11:50 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.

    situation:

    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)




    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94





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  • gandalf_gray
    06-02 11:18 AM
    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status


    Surabi. thanks a lot. gave a good insight. will contact an attorney.
    but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
    So even if I apply for L1 extn, I dont know which might get approved first !! .
    does that change anything ?





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  • Chelo
    02-07 10:19 PM
    I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
    Chelo


    This is my cover letter and I did everythig as it says:

    To: U.S. Citizenship and Immigration Service
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    From: Mr. XXXXXXX
    ADRESS st,
    City, State, zip code
    Tel: (111) 123-4567
    Email: whatever@whatever.net
    mm/dd/yyyy



    RE: Original Submission of Application for Employment Authorization

    A# ?????????

    Dear Sir or Madam:

    Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
    Aplication form and Supporting documents are enclosed arranged as follows:

    Form I-765 (EAD) dully filled
    Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
    Receipt notice of form I-485, copy of the receipt,
    Identity Document: copy of Visa issued by Consulate, copy of Driver License,
    Photos: Two color passport photographs placed in an envelope;
    Other supporting documentation: Copy of I-140 approval notice

    Kindly, process the above referenced application at your earliest convenience.
    If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
    Best regards,



    Mr. XXXXXX



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  • ramaonline
    09-25 06:09 PM
    if u stay outside the US for 366 days, the h1 clock is reset - then u can re-enter in h1 status for a new 6 year term - u must have an approved h1b petition, the new petition is subject to cap. (which gets exhausted really soon) -





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  • Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.



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  • alterego
    02-11 06:07 PM
    A good article supporting a sensible plan.

    One minor correction however.

    "Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."

    The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.





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  • newbie2020
    09-27 10:57 AM
    thats a good idea, Instead of starting at 200K raffle, Start small may be 10K raffle or 20K raffle, that would be a good start.



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  • bindas74
    05-16 12:28 PM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,

    Thanks X-Wing. Will keep you all posted about my experiences.





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  • crazydesi
    09-03 07:36 PM
    AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)

    This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.

    If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
    ------------------------------------------

    http://aila.org/RecentPosting/RecentPostingList.aspx



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  • trueguy
    08-09 02:49 PM
    Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.

    Point taken....:)





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  • amitga
    08-24 01:29 PM
    Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.



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  • adhantari
    07-29 03:34 PM
    ?????????





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  • ak27
    02-10 10:04 PM
    It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..



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  • ashkam
    12-03 04:46 PM
    You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.





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  • satishku_2000
    08-03 04:43 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it


    I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)



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  • Joybose
    08-10 04:50 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)
    You applied in June 2007 and you got approved in two months? that is awesome, which service center?





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  • mrsr
    06-19 08:46 PM
    guess u r talking abt varicella vaccine .. this need 30 day gap, we had MMR on one day itself

    The only catch could be on the MMR. MMR needs two vaccinations. The two vaccines nmeed to have a 1 month gap. So if you take one and to medical exam, they will force you take the 2'nd one right there. Ofcourse they don't care about the gap since they want to make money





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  • snathan
    02-11 11:45 AM
    applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
    Also if above is true and you are not working for H1 employer then you are probably out of status......

    Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim





    GCchakravyuh
    07-12 01:42 PM
    yes we need to hear from Clinton.. time to repay





    VMH_GC
    07-17 06:21 PM
    I pledge $100 right now to IV. I will make the payment tonight.


    I just made the payment. It is easy folks please contribute....



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