Thursday, June 9, 2011

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  • whoever
    12-13 12:33 PM
    Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.




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  • veni001
    11-04 07:25 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks

    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o




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  • jliechty
    February 14th, 2005, 12:20 PM
    I just bought a new D70 and was interested in getting some advise from current owners about additional lenses and accessories.

    Was looking at buying a SB-800 flash. Is this the best option?
    The SB-800 is excellent, but a bit expensive. Worthwhile if you can afford it.
    How about additional lenses? I have an 18-70mm AF that came with the camera.

    I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.

    Any other advice or help would be much appreciated.

    Thanks,
    Shawn
    What kind of photographs do you plan to take? Lenses for bird photography are going to be different than what's needed for macro, which will be different from what's needed for architecture or landscape.




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  • satishku_2000
    08-27 04:53 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

    Depends on who is primary and who is secondary. I asssume its an EB case because you mention 140.



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  • GCBy3000
    11-29 11:37 AM
    Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

    NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks




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  • ameryki
    06-18 10:16 PM
    I sent the following:

    1) Confirmation Receipt of application
    2) Copy of I 485 receipt
    3) Front and back copy of current EAD card
    4) A copy of the cut out that the current EAD came in

    I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.



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  • waitingimmigrant
    10-21 03:54 PM
    I just called Senate Judiciary committee 202 224 7703 asking about
    the status of S. 1085 that talks about unused visa number capture...

    She mentioned that they are reviewing it this fall ....
    will appreciate if any one has any other information




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  • MannyD
    09-07 06:36 PM
    Please respond so that we can get an idea of the distribution of EB cases.
    You have to be logged in to participate in the poll.
    Thanks to MrWaitingGC for the initiative.



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  • Saralayar
    09-02 10:50 AM
    I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.
    Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)




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  • wahwah
    08-23 04:38 PM
    my lawyer mentioned that I-140 PPS will come back after Texas and Nebraska have finish receipting the flood of I485 applications.

    In a AILA meeting USCIS raised concerns about their ability to process the cases in 15 days and their concern is that they don't know how many applications they'll receive for I-140 PPS.

    my lawyer mentioned its free money for these guys and they will bring it back. USICS still hasn't withdrawn PPS for I-129 or I-539 applications. They use the same freaking resources except now that they are using those resources to receipt for the new I-485 applications.

    have patience.

    Based on the information you know about immigration and discsion u have been having with frinds ,attorneys, websites..etc. What do you think about the probability of I-140 premium starting date...!!!

    I guess 485 getting current does not help much without getting i-140 approved.



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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.




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  • calboy78
    08-10 01:38 AM
    It needs action - not talk.

    The system created by DoS and USCIS is highly unfavorable for EB3 people.
    DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
    USCIS is very lame in processing 140 of EB3.

    Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.

    We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.



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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?




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  • adde72
    07-17 06:05 PM
    Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:


    You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV



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  • bharol
    10-09 08:38 PM
    Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
    Does any have done European visa with above condition .Please share your thoughts?
    Thanks


    All you need is proof that you shall get entry back in USA.
    I got my German visa through www.visanetwork.com
    They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.




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  • Humhongekamyab
    08-21 11:08 AM
    EB-2, 140 approved, December 2005. File trasferred to TXSC last week.



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  • lavanyamohan
    03-16 11:08 AM
    Thanks for your info ISUK.

    I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??

    THE ONLY THING that takes time is evaluation part of educational credentials.


    experts please answer




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  • vactorboy29
    10-09 02:33 PM
    Thank you guyes.I am trying to get hold of there chicago office but no luck so far.




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  • dskhabra
    02-23 02:38 PM
    Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.




    nomi
    04-20 09:33 AM
    Does any one have any input or suggestion?


    Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.




    lonedesi
    04-04 10:59 PM
    Thank you Bkarnik for your quick response.



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