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  • visaspirant
    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?





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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.





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  • deardar
    09-28 02:54 PM
    How long did it take for you after filing the FOIA to get the concerned documents ?





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  • vts31
    09-22 03:00 PM
    photoshop is amazing.,.... but if your an artist...like the way painter outputs is really intuitive...the only problem is it has a lot of like variable parts that can seem overwhelming. plus i hate how photoshop doesnt have an add water option like painter. that thing kicks so much ***. I think its a good idea to have both.



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  • rsdang
    09-03 03:29 PM
    I would suggest going to the ssn office with all the documents and see if you can apply...





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  • k94
    11-17 09:31 AM
    This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.



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  • ysramu
    03-27 10:21 PM
    You apply for H1 transfer before you join new company. Once u get the H1 receipt (2 weeks) then u can be in their payroll. Then file for AC21. If all goes well this is my plan in June 08.

    My question is my wife has her EAD expiring 10/10/2008, AP on 11/19/08. She wants to travel to india in May and return in november. is it ok if I change employer while she is in india, my concern is when she comes back in november her EAD is expired, will it affect our 485 status?





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  • vivid_bharti
    09-02 04:36 PM
    Sathya sai baba ???? You haven't known about his deeds, if you can find it read about great magician PC Sircar meeting him about 15 years ago. This is what PC said about him.
    "he's no godman, he's just a magician, not even a good magician, he should practice more".

    One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!



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  • Almond
    02-10 08:52 AM
    Saurin did you mean yes you do have a pending I 485, because that was her question.





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  • thomachan72
    11-30 12:10 PM
    I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.

    Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."

    Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
    Please advise.
    Thank you.

    Best



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  • Raj Iyer
    09-23 03:58 PM
    You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.





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  • glus
    11-12 10:16 AM
    Hi,
    I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.



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  • div_bell_2003
    03-04 08:09 PM
    Interesting link, thanks for posting :) , if this is true , how come IO's come up with blank when asked if the namecheck has been cleared or not ? This might actually be good news , according to the memo, they are going to clear out 98% of the namecheck cases pending more than 30 days, that's pretty amazing ( as they declare too at the end of the memo :D)

    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf





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  • seaken75
    11-01 02:37 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.



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  • immi_enthu
    06-04 09:40 AM
    Hello,

    I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

    Can anyone help me please?

    It's not cancelled yet. But there's been talk that USCIS may terminate it soon.

    http://www.immigration-law.com/Canada.html

    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.





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  • camarasa
    08-01 08:07 PM
    It's Mrs Lofgren not Mr Zoe...



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  • HRPRO
    02-10 12:46 PM
    I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.

    You should be good Krish





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  • gsc999
    08-07 03:05 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------

    Your help will be greatly appreciated
    Thanks

    --
    Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue





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  • silk2fire
    07-18 09:59 AM
    ;) Thanks you for efforts and long live IV





    ebizash
    02-06 11:50 AM
    I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.

    I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.

    I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.





    Almond
    11-11 05:29 PM
    Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
    it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...

    kartik, I am amazed by your priority date. Have you done infopass to see what the hold up is? Open the dictionary and you'll see us in the definition of "badluck" lol