Monday, June 13, 2011

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  • nixstor
    08-21 10:19 PM
    somegchuh

    I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?




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  • go_guy123
    09-13 02:33 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?

    You can always fight....so long u have cash to burn.




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  • pmpforgc
    12-21 12:24 PM
    Hi

    I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.

    I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.

    My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?

    IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.

    YOUR input will help me lot in be prepared and planing for my summer trip.

    Thanks




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  • arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A



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  • phigi
    08-18 11:36 PM
    Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
    You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
    I am no expert on saving your status, hence I am not commenting.




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  • raysaikat
    07-10 07:17 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.

    Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.



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  • lost_in_gc_land
    02-02 03:39 AM
    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

    Hello,
    I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry




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  • veerkar
    10-02 01:37 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.



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  • vroapp
    02-22 10:26 AM
    1--> you should qualify for a J1 as 140 is filed by your Husband's employer; better check with an attorney.

    2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.

    3--> Once your status changes to J1; HRR applies.

    5--> depends on the specialty.




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  • belmontboy
    04-09 05:20 PM
    Hi folks,

    I couldnot find any thread on home buying tips. Hence created one. Please feel free to add tips and information. I believe this would help prospective home buyers greatly.
    If there is a thread already on this topic, i apologize!



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  • centrum
    09-25 07:19 PM
    Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.

    Thank you so much for your reply. What you said was exactly what I wanted to hear. You said passport has no importance for immigration (GC) purpose. How about for H-1B extension? I do not plan to travel until I obtain the GC. Where can I find I-94 expiration date and does I-94 have to be renewed with a valid (not expired) passport? TIA.




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  • indyanguy
    08-07 09:17 AM
    sometimes, labor subs can be genuine cases as well....



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  • coolvigo
    07-11 03:43 PM
    I just post a msg saying we can file 485 if 140 is pending. But after reading some other posts, I realize that we can file it only if PD from the labor we are using is current. If we want to use PD from an old employers application, we need to have date ported on new i140 application before 485 can be applied.

    Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(

    My old PD Aug2005
    New is from 2007 sometime,.




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  • Quadrucle
    09-22 02:11 PM
    Hi All,

    Im planning to port my EB3 to EB2 and need your help.

    My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:

    1. How do I start my EB2 process? (if this is possible)
    2. What do my employer needs to do to help me on this?
    The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
    3. What will happen to my EB3 process if I am starting EB2.
    4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.

    Thanks in advance.



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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?




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  • dealsnet
    03-05 02:26 PM
    You didn't mentioned, how you are going to file AOS.
    Is it employment based? or family based.?
    If employment based, please fill your info.


    I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

    I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

    1. Buying/selling stuff online under my business name
    2. Contract work/1099's- built website templates for clients

    I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

    On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

    My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

    Thank you.



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  • VA2008
    06-08 01:39 PM
    I don't mean to raise any hopes...but so many LUDs could be change of hands on your case for further review, which may indicate a decision soon.

    Good luck and keep us posted.




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  • gccovet
    12-17 01:53 AM
    Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...

    Will try to ask my question again...

    I am not worried about when my FP expires and things on those lines....
    my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...

    Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following

    Biometrics Processing Stamp
    ASC Side Code: __________XTE<location>
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)


    Thanks Gurus !!

    SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
    GCCovet




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  • =guinness=
    04-04 07:21 AM
    uh i may be new but isn't ivyleaf's just a rip of a blizzard file, where the background is a little more impressive than the phrase thats all reflected?




    Ruta
    07-17 05:25 PM
    D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?




    vamsi_poondla
    02-04 05:05 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport

    If a DUI can cause automatic rejection of I-485, will this be OK at the Port Of Entry? The answer is obvious. Should do as advised by the attorney not as experienced by others on a forum.



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