Monday, June 13, 2011

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  • maine_gc
    04-20 10:41 AM
    Hi,

    My in-laws came to US last Firday along with my kid who is a US citizen.

    Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.

    What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..

    Any help is appreciated




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  • kevnss
    03-20 11:50 AM
    Hi,
    I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.




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  • gchope07
    07-20 03:17 PM
    Hi,
    My lawyer used a G325-A which was not downloaded from the USCIS website but was a physical form which had 4 pages of the same form in different colors(I think blue,green,yellow and pink).

    I filled the first one and it automatically carbon copied it to the other 3.
    Has anybody used such a form? and it is o.k to sign the first one and have the other 3 with carbon copy signatures?

    Let me know if this is o.k




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  • helmet
    01-15 08:37 PM
    I think they will send the results with in a week time. you have to mail them the original results certificate with in 120days.



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  • small2006
    07-21 10:27 AM
    See my post here under the subject "FP Notice received..finally!"
    http://immigrationvoice.org/forum/showthread.php?t=20288

    Hope this helps.




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  • santb1975
    02-14 11:30 PM
    ^^^



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  • Chinatown, San Francisco


  • gccovet
    09-05 04:53 PM
    I have GC for about a month now. I plan on taking up Corp-to-Corp, Independent, 1099 and W2 contracts. For corp-to-corp contracts I would like to incorporate a company if I can save on taxes over the 1099 contracts. I am also
    in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?

    Thanks,
    theOne

    LLC is the best way to go, just one drawback , per current market situation (financial situation), banks might be reluctant to provide a loan etc. but if you have a VC or capital, go for LLC. the best way to go.
    Good luck.
    GCCovet




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  • gcseeker2002
    01-02 02:56 PM
    Please anyone.........help me.

    I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.

    Thank you very much.
    You dont have to get it stamped if you are returning before your current stamping expires. However it is better to get stamping if you are planning travel after your current stamping expires.



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  • Chinatown in San Francisco


  • cagedcactus
    11-11 03:38 PM
    In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
    We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....




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  • Chinatown, San Francisco


  • gee_see
    10-19 12:06 PM
    As i mentioned in my first post, new job offer salary is more than prevailing wages for that location.

    My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.

    Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site

    Please advise



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  • China Town


  • pointlesswait
    11-26 02:50 PM
    there was nothing to be so touchy in those two lines of mine!




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  • China Town, San Francisco


  • gchopes
    08-04 09:41 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---



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  • waitnwatch
    05-30 01:02 PM
    I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks

    Here is my explanation of how the new system will work -

    The USCIS declares an open period for all merit based application.

    Everyone on H1-B puts in an application and gets in line.

    The USCIS declares the list of succesful applicants.

    For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.

    Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.

    So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.

    I hope this make sense.




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  • vallabhu
    01-31 04:57 PM
    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



    If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.



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  • Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.




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  • pappu
    12-19 06:46 PM
    core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.



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  • gc_chahiye
    11-13 12:11 PM
    after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..

    i am not a lawyer

    provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.




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  • oldporkchops
    07-29 04:00 AM
    Hi there,

    IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?




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  • Chinatown, San Francisco


  • summitpointe
    01-31 02:02 PM
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.




    sayantan76
    04-21 02:15 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta
    depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.

    of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......

    Of course, this is not legal advice but only anecdotal experience




    ImmigrationAnswerMan
    07-13 11:36 PM
    Sangeetha:

    USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.

    It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.



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