Saturday, June 25, 2011

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  • jnraajan
    04-07 02:45 PM
    Folks,

    My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

    We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

    The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

    Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

    Rgds,
    gcisadawg

    Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.

    But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.




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  • desi3933
    03-03 12:42 PM
    LC approved in 2006, can I still apply for I-140?

    No.




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  • pbuckeye
    07-27 02:46 PM
    I submitted all the documents except for the client's letter.


    Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?




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  • blondhenge
    05-22 09:25 AM
    I am new here and I have few questions to IV core members.

    Did we consider any other avenues find out is there any way out to influence DOS visa availability.

    How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)

    you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.

    for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.

    I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.

    The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.



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  • jscris
    July 15th, 2004, 07:20 PM
    I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
    :)




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  • jliechty
    June 16th, 2005, 05:52 PM
    From my calibrated 213T but in my non-profile-aware browser, the blacks are nice and dark while retaining "enough" detail. :)

    Edit: referring to the original photos - Nik's version looks a bit too light IMHO



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  • sanjeev.mehra@gmail.com
    08-15 08:25 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.




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  • javadeveloper
    07-18 10:04 PM
    I FOUND THIS URL https://efiling.uscis.dhs.gov/efile/ , can someone pls confirm



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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21




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  • GCwaitforever
    02-13 01:44 PM
    Stuck in Immigration backlog? Join IV for a furlong.



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  • ita
    01-16 01:38 PM
    I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.

    If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.

    All these days I thought it would be treated as transfer (though there is a gap between the H1).

    Thank you.



    There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
    This way you will not be part of the New quota. Hope this helps




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  • gc28262
    01-16 04:45 PM
    AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.

    If employer offers H1B transfer, use that and also invoke AC21.



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  • vin13
    03-11 04:28 PM
    The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...

    You do sound paranoid.

    When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.

    People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.

    All Immigraton Officers will not ask the same questions nor react the same way for similar answers.




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  • unseenguy
    05-16 03:14 PM
    Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:

    A) Job security , stability etc. and current & future job prospects.
    B) Personal situations such as whether EAD / AP benefits are required.
    C) Country of chargeability.

    Marking Consular process on I-140:

    1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.

    For those from retrogressed countries, this option is beneficial if you are far away from your PD.

    For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.

    Marking I485 on I-140:

    This option is also beneficial for both non retrogressed and retrogressed countries:

    1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.

    2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.

    So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.



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  • GCWarrior
    04-16 02:57 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks




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  • greatzolin
    08-21 05:49 PM
    My checks were cashed on Aug 20th for RD of Jul 16th :)

    Did you file directly to NSC or TSC?
    DAte, time etc.

    Thanks in advance!



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  • abq_gc
    07-18 06:16 PM
    HI Guys,

    How do you decide, whether to file at NSC or TSC ?




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  • adGurkha
    01-17 12:28 PM
    Thank you for your response,
    I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.




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  • nixstor
    12-07 10:18 AM
    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.

    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.




    navyug
    10-13 10:22 PM
    Hi,

    My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

    While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

    So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

    Thanks.

    Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.




    ksairi
    08-17 04:47 PM
    See all of you in rally !.



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