Thursday, June 30, 2011

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  • hindu_king
    06-03 04:53 PM
    I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.




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  • crystal
    07-08 03:22 PM
    I beleive you need to choose Indian Citizen residing in United States .Check on thrusdays and fridays more closely




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  • dazed
    11-20 01:28 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.




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  • kavas
    03-28 09:38 PM
    Hello Friends

    I am observing the alerts and discussions here and also the current political activities.Such a pity that we dont mean anything compared to those who broke the law to enter here.
    Anyways we are part of this system and have to keep fighting till we go down.
    I have a suggestion: Can we make a online petition focussing clearly on just eb provisions in the bill coming to the floor . We can make immigration voice as the sender and send to only senate judiciary committee members .
    We should also let them know that our community is closely following senate proceddings and actvities and would request to know their stand on our plight. I dont think those guys know we exist for one or second we r watching them close.Why would they talk of us if they dont know we r watching..
    we should ask them for answer:do u want us to leave now as its not possible for a eb3 indian to stay on in one job for years waiting for gc. or do u really want tohelp us out.
    i think a single petiition with thousands of signs would be better right now as time is limited. any thoughts..if u guys approve we have to work real fast on it.



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  • prasadn
    11-11 08:47 PM
    Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
    Thanks

    Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.




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  • cheshirecat
    03-22 01:02 PM
    ^^^^^^Bump^^^^



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  • a1b2c3
    08-21 11:51 AM
    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Should we use this facility? Has anyone used it before? Inputs appreciated.




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  • nfinity
    02-13 02:30 PM
    no replies? cant believe i am the only one in this situation :)



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  • B+ve
    04-13 05:09 PM
    Thanks ksrk and kshitijnt

    B+ve




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  • snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.



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  • pthooran
    09-04 10:07 PM
    Amit,

    I have planned to cancel my appointment and go to India for stamping. Did you get a refun on your Scotia bank reciept. If so please let me know so I can also work on getting a refund. Where in India did you go for your interview?

    Thanks




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  • lacrossegc
    12-11 08:17 PM
    Cool Mr engineer !!
    I'm in La crosse, WI...
    Already signed up for recurring and $150 one time for Omni bus

    Fellow WI-IV folks, please contribute ....



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  • ohguy
    02-12 11:08 PM
    My employer had applied 485 based on EB2. I have the approved ETA case number of the labor certificate and occupation code. My 140 is also approved. I have a US masters degree. I want to move on to a new company which has a minimum requirement of BS + 5 years (which will come under EB2).

    But I am not sure if he applied my labor as MS only or equivalent. He is not willing to reveal those details. Can you please tell is there a way I can find that out from the ETA case number?

    Thank you all!




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  • gc??
    04-23 11:16 AM
    Thank you guys. Feel much better.
    Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.



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  • sunny1000
    07-01 04:14 PM
    Hello,

    I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.

    I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.

    The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.

    Your response is greatly appreciated.

    Thanks!

    Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).

    Now, if your H1B gets denied, God forbid, you have 10 days to leave.

    I wish you good luck.




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  • nehas
    01-29 05:35 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?



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  • seaken75
    10-12 03:38 AM
    bump




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  • number30
    10-10 06:00 PM
    As we all know, the entire north Karnataka and parts of coastal and Malnad regions are in the grip of one of the worst natural disasters the State has witnessed in a long time.

    The floods that followed torrential rains have brought unprecedented misery to lakhs of people in the form of destruction to housing, properties, crop loss and deaths.

    The State has suffered huge losses with massive infrsatructure damage.Rescue, relief and rehabilitation operations for the affected people are a gigantic task and it will take weeks, if not months. In this hour of human tragedy, we can do our bit to support hapless people as governments efforts alone are not adequate.

    People are suffering with no food, no power, no drinking water and no basic amenities. Your generous donations would be utilized to safeguard lives, put their lives back together and provide rehabilitation.

    Let us all put our hearts together and take the initiative to send a generous donation today. We cannot do it alone but together we can make a difference. Even a small contribution by each, makes a big amount as we all know - "Hani Hani Koodidre Halla".

    Please follow instructions below to open your heart and purse to support our own people suffering to get their lives back on track

    Where and how to send money:

    Donations will be accepted by CHECK or Credit Card.


    Please help us by sending your donations Payable to �AKKA Flood Relief Fund� and mail to the following address:

    AKKA Flood Relief Fund

    228 Granville circle
    Egg harbor township, NJ 08234

    To pay by credit card, please Visit AKKA Sahayavaani (http://www.akkaonline.org/floodrelief) <http://www.akkaonline.org/floodrelief>

    Please indicate if you do not want your name to be published in the list of Donors on the website.
    2. Is my donation Tax-deductible?
    Yes. All monetary contributions are tax deductible. AKKA is a not for Profit Cultural Organization with 501 (C) (3 <http://www.akkaonline.org/documents/AKKA-501C3.pdf> ) Status Tax ID: 59-352-7607. Contributions above $100 will receive an acknowledgement letter.
    3. First preference is cash donations. All money collected will be deposited in a separate account, audited and closed.
    4. Bank account is being setup. We will provide details for wire transfer.
    5. Where will my donation go?
    AKKA will ensure full amount is being used for Flood relief efforts. Details of distribution are being worked out and will be updated on the website.




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  • pvpb
    10-18 11:29 AM
    My case was filed at NSC on august 3rd...transferred to VSC and the 485 was transferred to TSC evn though my 140 is fro NSC...donno the logic behind it though






    Hi

    I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication

    EB3
    PD 10/04
    RD 08/03
    ND 10/12

    I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC

    I-765, I-131, FP are pending.




    purgan
    12-20 04:38 PM
    good job, pribh das. keep it up!




    superdude
    07-20 12:23 AM
    Just curious.

    Who played what role in the reversal of USCIS/DOS decision?

    Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?

    May be all of the above had its unique impact on USCIS's decision to accept I-485?

    Below article is just one example. There are many like this which mention about IV. IV hired a lobbying firm and work with different people for lobbying efforts. But the whole effort was lead by IV.

    http://www.thedenverchannel.com/money/13712066/detail.html



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  • bsbawa10
    04-17 09:44 AM
    Looks like nobody replied or liked the idea. How can I delete the thread ?




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  • Devils_Advocate
    05-07 01:10 AM
    As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.




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  • salvador marley
    04-29 05:01 PM
    only two replies makes it a bad stamp - it should be removed




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  • thomachan72
    07-08 10:27 AM
    We dont need to worry about legality of such posts because there are many review sites for all sorts of professionals online.



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  • martinvisalaw
    09-10 12:52 PM
    The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.

    However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.

    You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.




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  • fittan
    03-20 12:40 PM
    No problem. AC21 doesn't care about location change and some salary change won't raise any red flag. Since your title and job duties are the same, you're all set.



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  • shimul99
    07-31 05:42 PM
    140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485

    In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485




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  • go_guy123
    01-14 04:49 AM
    If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.

    depending on the country of citizenship J1 waiver is also needed



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  • bharol
    08-21 10:10 AM
    Anybody?

    This is inexplicable.
    2003 PD and waiting?
    This sounds like injustice to me.

    Although I got lucky and got my GC however I honestly wanted them to do it in the
    order of Priority dates.

    My best wishes are with everybody.
    May everybody get his/her GC before Sep 30th.




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  • new_horizon
    07-14 06:43 PM
    I had an EAD (OPT) soon after I completed school in 1999 and after that I switched to H1B. I am now considering filing an EAD: Should I file a New or a Renewal EAD? Thanks.



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  • vban2007
    10-24 10:19 AM
    This is a mad rush




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  • sw33t
    07-29 10:42 PM
    If you are from Texas, please join the Yahoo Groups for the Texas State Chapter of ImmigrationVoice.

    http://groups.yahoo.com/group/texasiv

    We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.

    If you are not from Texas, please Bump this thread so people from texas can see it.



    Thank you.



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  • neeidd
    07-08 08:47 PM
    Could some one please clarify?

    My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!

    Thanks
    anyone?




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  • wandmaker
    10-23 01:39 AM
    USCIS will send 2 FP notices for the same appointment date & time, If you have filed G28 for your I-485, one to your attorney and one to you.



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  • gopi544
    06-30 05:41 PM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.

    Thanks for the quick replay,

    So it means that if she dose not have the AP with her while she leave US, she can not use it.
    Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.

    Thanks again for the suggestion.




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  • ameryki
    07-22 01:42 PM
    thanks guys. i wished there was any interim EAD to continue work.

    I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.



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  • billu
    10-25 06:13 PM
    A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.

    thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??




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  • javadeveloper
    03-28 07:20 PM
    Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD.

    Canceling h1b doesn't affect I-485.I am not sure about I-140 part.




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  • onemorecame
    10-22 10:15 AM
    I got approved on Oct 20, 2010, after EVL RFE




    life99f
    07-15 11:09 AM
    Guys, here is another post about DC rally:

    http://immigrationvoice.org/forum/showthread.php?t=6212




    StarSun
    04-22 09:35 AM
    1 . Where is the donor forum? I could not find it
    Donor Forum is visible only to the donors in the forum page.
    2. I am a donor (two times). But I do not have access to it.
    Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
    However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.



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  • BondJ
    03-16 02:23 PM
    Thanks for the reply.
    1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
    2. Is H1-B extension based on I-140 possible when not in US?




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  • rbkrao
    03-03 08:36 PM
    I had the same issue. Because in my passport surname was missing ( not missing but it was added at the end of my first name) that triggered an FNU in H1 visa.
    But in my h1 petition it came out ok. and in I-94 i wrote my name correctly. so that was not an issue. and DL and SSN it came out OK based on I-94.

    i corrected it in my passport first. then during H1 visa renewal it got corrected automatically.

    even though you have FNU in visa, mention your name correctly in your I-94. otherwise every official document(SSN, DL etc.,) will have FNU as your first name. My friend suffered a lot
    because of this issue and he had to go back to india and come back with right I-94 and corrected the rest of the documents later.

    Hope that helps.




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  • bharat2008
    08-19 11:56 AM
    Will I be able to switch to company C, even if company B revokes my 3 year-H1B extension ?

    Thanks




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  • roseball
    08-25 06:36 PM
    My Permanent residency is being processed thru Employer A (I-140 not done yet).
    Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.

    If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?

    If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?

    What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:

    Your answer/advices are highly appreciated.

    GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.



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  • misha
    06-17 08:50 PM
    Any ideas???




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  • waitforgc2009
    09-15 06:01 PM
    I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:

    labor PD : 03/2005 (EB3)
    labor PD : 12/2006 (EB2),
    I-140 approved (EB2)
    I-485 Applied : 07/2007 with approved EB2 I-140

    Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.

    Thanks a lot!



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  • WaitingUnlimited
    10-02 12:43 AM
    I don't think there is any site in this world which can give US visa status after the interview.

    Interviews are conducted by govt officials and not just other websites, but the consulate offices are also not maintaining any sites to track the status. I am 99% confident about this.;)




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  • crystal
    07-08 03:12 PM
    I have not done it recently for h1b ,but i did it for my parent visitor visa from india chennai consulate.

    I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.

    I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "



    I would really appreciate if you can educate me of what I might be doing wrong.

    Thanks,

    Ashish



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  • martinvisalaw
    02-10 02:42 PM
    Hi ,

    I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll

    1. Which location i need to mentioned as primary ,home or where company located?

    The LCA should list the job location as your home address.

    2. Which state should the payroll runs where i live or where my seat is located?
    It doesn't matter for immigration purposes.




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  • sanjose16
    02-24 11:03 AM
    How can you file H-1B for your spouse? Please explain.

    I mean (employer) not me..:)



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  • letstalklc
    10-06 11:50 AM
    I dont think so, never heard of that....




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  • humsuplou
    07-02 05:40 PM
    Tnks for the quick response. a couple more questions :D
    1) Eligibility Status?

    2)Please provide information concerning your eligibility status.

    Do I need to put anything in there? Or I can just leave it blank?



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  • Laasya05
    12-29 08:38 PM
    Sorry I may sound lame but what is the new rule regarding H4 to H1B?




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  • Cliff Lee#39;s family sits in the


  • kondur_007
    08-11 08:58 PM
    Yes, it is possible to process your GC through company B while you are working for company A.

    1. You should have "good faith intention" to work for company B permanently once your GC is approved.
    2 Company B should have good faith intention to hire you permanently once GC is approved
    3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).

    Also see my post in the following thread regarding changing employers after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20515

    Good Luck.



    more...

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  • agent known as Cliff Lee.


  • GoldenBoy
    10-12 07:19 AM
    see kax thats the problem

    you cant edit swfs using flash....

    or can you??




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  • house Cliff Lee reportedly met


  • bharat2008
    08-25 07:22 PM
    Is this NEW employer or same employer .

    If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
    Extension of stay is for someone who is already in USA on H1B status .



    more...

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  • cliff lee phillies.


  • sledge_hammer
    07-01 09:10 AM
    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use?
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

    What should I enter here?
    __________________________________________________ _______________

    Thanks in advance!




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  • cliff lee phillies world


  • for_gc
    06-19 02:12 PM
    Its quite likely that we may get some quick relief on alternate vehicles (bills) for minor things like the ability to apply I485 when the visa is not current. We should not count that out ... Not sure what boat you are in but I am waiting for applying my I485.




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  • Cliff Lee and his family


  • summerpolice
    03-18 10:55 AM
    I think my employer is not willing to sponsor the process due to some reasons.
    Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer




    ChainReaction
    02-19 10:17 AM
    Hi,

    I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.

    My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?

    Any suggestion will be appreciated.


    Is there anyone in this situation please help:)




    chanduv23
    11-02 10:59 AM
    I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.

    R u specilising in Residencies and fellowships etcc?? I will PM u though.
    Thanks