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  • leoindiano
    08-13 09:42 AM
    All those who wanna dance the K K Menon style with both palms spread out and shaking with each movement - from the movie Honeymoon Travels Pvt Ltd - raise your hand!

    The song is - Sajnaji Vaari Vaari Jaaunji Main...Tuhi to mera sarkar hai... aisa mera pyaar hai ... - I can imagine us singing this to the GREEN CARD ... :D :D

    KK menon, that song is hilarious.....





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  • MrDesi
    02-07 06:04 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    Thanks a Lot kshitijnt.





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  • smartboy75
    07-09 04:43 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.
    Why r u doing an h1 transfer ??? why can't u invoke AC21.....??





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  • nrk
    06-09 04:11 PM
    Please delete



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  • ivgclive
    04-25 10:53 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

    What would the employer gain by applying H1B if only 3 months left?





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  • FinalGC
    05-05 02:01 PM
    Please consult a lawyer, so my advise is just a suggestion .....

    iPhone App selling is just like buying and selling stocks, which does not require a h1b or EAD. The only thing would be to report the income in tax return....I maybe wrong.....so please do check with a lawyer..



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  • martinvisalaw
    08-17 07:22 PM
    It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)

    As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..

    The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.





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  • crystal
    07-10 09:47 PM
    as we know the answer now
    can somebody close this thread before people start writing one after other their last name and center.



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  • girishvar
    08-10 04:44 PM
    No Priority Date mentioned or upto 2002 - 51
    2003 - 46
    2004 - 117
    2005 - 140
    Upto May 31, 2006 - 70





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  • looivy
    11-12 05:46 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.

    Regards,
    Teky.

    What about Ciudad Juarez or Nogales Mexico? Any idea how long?



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  • waitingmygc
    09-09 08:16 PM
    Hi YesWeWillGet,

    Is your friend filed EB-2 with same EB-3 employer or different?

    Now these days, three months is surprising.





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  • Jaime
    09-15 08:29 PM
    We need the large numbrs in attendance!



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  • deba
    07-03 06:07 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?





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  • gc28262
    07-15 05:43 PM
    This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.

    Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.

    Here is the memo

    http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF

    Here is what Ron Gotcher said:
    I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.

    Here is another link:
    http://immigrationvoice.org/forum/506251-post13.html



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  • chapsi29
    09-15 10:51 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.





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  • lazycis
    12-03 10:20 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.



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  • gbadrain
    08-12 03:46 AM
    See Newbie,
    I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
    Anyways thanks for ur opinion buddy:)





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  • hoolahoous
    08-27 06:15 PM
    i think there is a provision that if you are traveling for work every few months then you just need to provide your 'permanent' address not the 'temporary' address.





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  • qualified_trash
    11-09 03:47 PM
    if you received the notice, then it is probably a courtesy notice. USCIS will only send the actual approval notice to your lawyer. so wait for the lawyer to let you know.





    frostrated
    07-09 01:26 PM
    Dear Mr. ------:

    Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.

    Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.

    During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.

    I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.

    I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.

    Sincerely,

    JOHN CORNYN
    United States Senator

    i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.





    roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.



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