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  • maine_gc
    12-11 11:57 AM
    It is common. Your 485 is based on the denied I140. If the I140 is appealed then the 485 will also be tranferred to the Appeals Office. That does not mean you I485 is denied. It is
    still under process and you can apply EAD and AP as well.

    I am saying this with my own experience. Hope this helps





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  • dionysus
    01-23 02:14 PM
    Dates are valid as of November 30, 2008. Texas is processing July 11, 2007 applications. Looks good. It means CIS finally has time to work on the deluge of applications they received in July 2007, even though the dates are not current yet. The approvals may still be far off, but at least we know that our apps are being worked upon.





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  • vinzak
    05-18 11:28 AM
    My friends received Green cards in 2007. They live abroad, but make regular trips tho the Us to visit family and maintain their GC.

    Unfortunaltely, they recently misplaced their green cards. They are planning a trip to the US this month, for which they have received travel letters from the US Embassy abroad.

    Would anyone know what the process is afterwords? We know they have to file I-90s to replace their lost GC. Does this have to be done at the port of entry? Or is it done at a local office on reaching their final US destination?

    Also, will they be called for a biometric appointment locally or can that be done at a Port of Entry. Can the biometric be done at a location abroad?

    If anyone has any info on this, it'd be truly appreciated.





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  • Dhundhun
    06-13 04:18 PM
    I'm a July 2007 filer going to file for my EAD for the first time. Since I'm currently on H1B, how should I answer this question

    I'm applying for:
    a) Permission to accept employment
    b) Replacement
    c) Renewal of my permission to accept employment

    I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response

    Please advise.....

    Thanks

    The option "a" will be used, for "c" you need previous EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737, which addresses several issues.



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  • Sincerely_aj
    03-31 09:00 AM
    So it looks like I have 2 independent questions:

    1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?

    2. Can one port their EB3 case to EB2 with a new employer?

    After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.

    What is still not clear is questions one.

    Any help please?
    Thank you





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  • jags_e
    07-18 11:09 PM
    The DHS ombudsman has a call-in coming Friday afternoon where we can give feedback to his report to congress.


    In the Spotlight
    "How Is It Working For You?" The CIS Ombudsman's Community Call-In Teleconference Series provides a forum to hear issues of concern to individuals and employers as they interact with USCIS.
    "The Ombudsman's 2007 Annual Report to Congress: Your Questions and Comments"
    Session 1: Thursday, July 12, 1:30 p.m. � 2:30 p.m.
    Session 2: Thursday, July 12, 3:00 p.m. � 4:00 p.m.
    "The Ombudsman's Recommendations to USCIS: Your Questions and Comments"
    Session 1: Friday, July 20, 1:30 - 2:30 p.m.
    Session 2: Friday, July 20, 3:00 - 4:00 p.m.




    Find more details at http://www.dhs.gov/xabout/structure/editorial_0482.shtm



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  • wandmaker
    03-31 05:07 PM
    My parents are planning to go for a visa interview. What is difference between me inviting them to visit me versus they applying as tourists. I understand that if they apply as tourists they need to provide documents showing that they can support themselves.

    Will coming as a tourist diminish the possibility of getting 10 year multiple entry visa. Any thoughts on this issue is much appreciated.

    Tourists -> They support themselves financially during entire trip
    Invite -> You support them financially during entire trip

    The chances of getting 10 years multiple entry as a tourist is less likely, if they apply as tourists. Again, it is up to the I/O.





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  • funguy29
    11-22 10:13 PM
    I am currently in the U.S on H1b for the past 4 years. My H1b is for a computer programmer. I work my day job in that capacity. My Labor certification in under process. I have also been auditioning as an actor for Commercials and Industrial Films. It looks like I may be cast in an industrial film. My question is : If I accept the part, will this violate the terms of my H1-b ? Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side ? Thank you for your time.



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  • aug2007
    03-22 01:03 PM
    While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.

    My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.

    I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.

    1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
    2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
    3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
    4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?

    Thanks in advance for your guidance.





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  • roseball
    03-07 11:03 PM
    My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.

    Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.

    Thanks in advance.



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  • shana04
    01-26 12:29 PM
    Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.

    How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?

    Thanks in advance.

    you need to write a covering letter describing your mistake and mention all the supporting documents

    Supporting documents can be
    1. your passport
    2. your husband passport with your name mentioned on it
    3. your birth certificate
    4. your educational certificate (if it specifies your country of birth)

    I would suggest to send at least two or three supporting documents which shows your date of birth.

    In fact I did the same problem and I had to send the supporting documents.

    good luck.





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  • photo: Public Domain. Helen Zille became mayor of Cape Town in March 2006.



  • vicky123
    04-15 02:41 PM
    I am a resident physician on h1b visa which is expiring on 6-30-2010 . I am in process of applying for H1B extension for my fellowship. My wife is on H4 visa (expiring in 3-20-2013 since she got 5 yr multiple visa). Recently she visited Kuwait and on her re-entry she was given entry (on her I94) up to 3-15-2013 (up to 5 days prior to her visa expiration). Will she also need extension in this case along with my extension or can she stay in US till 2013 with out extension Thanks.



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  • indyanguy
    05-29 07:19 PM
    Hello,

    My 6 year H1 term expires on Feb-2010. I have a I-140 pending in NSC since July-2007 with no signs of movement.

    Hypothetically, if my I-140 gets processed after Feb-2009 and is denied (God forbid!), then will I be able to extend my H1 visa? If so, on what basis can I do it?

    I do understand that H1 can be extended only before 6 months of expiration if and only if I have a I-140 pending or approved.

    Thanks!





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  • Prashanthi
    04-09 01:03 PM
    As long as the company is willing to continue his GC process.



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  • transpass
    09-28 12:51 PM
    does anyone have latest receipting update?





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  • saileshdude
    10-16 01:10 PM
    I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !

    Anyway, pm me if you need more info. Good luck,

    Just sent you a PM



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  • sjhugoose
    January 8th, 2004, 10:09 PM
    I would clip the levels a lot more agressively. That would get rid of some of the haziness of the pic!

    If you like Email me and Then I can email the image to you!

    Scott





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  • Blog Feeds
    06-02 08:30 AM
    Until now, new inmates booked into the San Diego County Sheriff’s Department had their fingerprints checked only for criminal history information. But now, each new inmate booked into one of the three largest jails in the County will now also have his or her fingerprints checked by the U.S. Department of Homeland Security’s (DHS) biometric system for any immigration record.

    The San Diego County Sheriff’s Department is the first law enforcement organization in California to partner with the U.S. Immigration and Customs Enforcement (ICE) in their Secure Communities program. This comprehensive program is intended to streamline the process by which ICE determines if the screened inmate is a criminal alien, subject to automatic removal at the completion of his or her incarceration. Highest priority is given to inmate aliens who have been convicted of crimes such as rape, robbery, murder, kidnapping, and major drug offenses.

    By implementing programs like Secure Communities in prison facilities and law enforcement organizations, ICE identified more than 221,000 potentially removable aliens incarcerated nationwide in fiscal year 2008. This fiscal year, the agency anticipates spending more than one billion to continue these programs. ICE currently partners with 50 counties and law enforcement agencies across the nation through the Secure Communities program and looks to expand the program to all law enforcement agencies throughout the United States.

    More information about ICE's Secure Communities effort is available at www.ice.gov. Additional information about the San Diego County Sheriff’s partnership with ICE may be found at:
    http://www.ice.gov/pi/nr/0905/090526sandiego.htm.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/uOdtj4TLpNE/)





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  • GotGC??
    02-28 03:39 PM
    It is not an issue for people of Indian origin who are returning, of planning to return, back to India for whatever reason. They are the lucky (?) ones to have either a Indian passport or PIO card or OCI card so they are eligible to work on that basis.

    But how about those who do not qualify for one of the above? There is an increasing number of foreigners working in India - how do they become eligible to work in India? Is there an equivalent of an H1B, or may be oneday GC & Citizenship?





    Euinox
    05-20 01:10 PM
    I came to US in 2009 March (on H4 Visa) ,
    I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

    Now I am on H4 till date.

    I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

    Now I have inquired some other place and gone through different forums to get answer.
    Here is the query,
    If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

    What kind of H1B petition I need to file and when it will get approved?
    Will this be a fresh H1B petition or something different?
    Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

    Please help me in this issue. I will really appreciate your help.

    Any document/ link which shares light to similar issue is really helpful for me.





    neeidd
    03-04 01:04 PM
    Hi,

    I am wondering if I can sent both my and mywifes EAD applications in one envelope to USCIS or do I have to send them separately. I am not asking to save money on postal costs , as everyone knows we all spent 1000's of dollars in this GC process. I am only asking so that our(my and mywife) applications are processed together?

    Thanks in advance for your input

    Regards



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