Thursday, June 30, 2011

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  • gc28262
    12-30 02:42 PM
    Please see my answers below.

    Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...

    a) Am I eligible to apply for H1 extension (I don't want to use EAD)?

    Yes, you can apply for H1 extension when I-485 is pending

    b) If Yes, will I get 1 Year or 3 Years?

    Once I-140 is approved, you will get an extension for 3 years.

    Thanks for your help...




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  • dollar500
    08-14 08:59 PM
    ^^^^^^^^^bump>>>>>>>>>




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  • needhelp!
    08-26 11:39 AM
    The link does not work, please repost the correct link.

    Try this:
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  • Dhundhun
    10-08 04:05 AM
    How come someone with Indian Passport enter USA on Canadian PR?



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  • roseball
    03-31 11:28 PM
    Hello!

    My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.

    Any inputs are apprciated. Thanks!

    If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.




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  • sripy123
    10-14 02:19 PM
    Hi,
    I am having my H1, and applied for renewal hopefully i will be getting it by this Dec '10.

    Till Sep 2011 my H1 is valid, after that i am planning to go for extension as i filed my I-140 now.

    Next year i am going to India i will get it stamped there for me also for my wife. But due to health reason for my wife, i am planning to stay in India and go for the treatment. For that i have to stay there and assist her fully, for the treatment. Not sure how long it will take.

    My question is this, if my employer/client is OK with this, what is the maximum period i can stay in India without working in US.

    Two scenarios here:
    1. If the pay-stub is not generated, how long i can stay there?
    2. If my employer agrees to pay the salary for those months, because i can also work in my company's offshore office, in that case how long i can stay there?



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  • pamposh
    02-09 01:59 PM
    This Stupid lame Duck talks of only increase of H1B's. Rarely or never talks abt removing GC quota.Then if congress really listens to him,its gonna take 6 years just to get Prewailing Wage From DOL.:mad:

    Please do not call names on a public forum.




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  • laborchic
    10-25 06:25 PM
    Guys this is Bonus Offer...

    what more can one ask for..



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  • Meghna
    07-17 03:00 PM
    We will ask what iV can do...I guess everybody is frustrated enough.
    We will support 1V
    Does 1V has any plans...?




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  • factoryman
    10-09 10:38 PM
    if you can go to biometric center within 10 days of original appointment and do a walk-in on a walk-in date, usually WED;
    else
    go to biometric center and hand over the originals (after keeping a copy) and ask them to reschdule and give them for ex., any date after 25th OCT 2007.

    PM me for more info and we will talk.

    U R better off rescheduling your mexico appointment - its something that could be done within next 3 to 4 months for sure. The problem of rescheduled FP is, it kind of throws your case in the back and based on ASC's load, it might take them upto an year or more (think 800,000) for them to put you in again.

    Its just my opinion based on my conversation with my lawyer - since we were in S. Africa and my lawyer notified me about the FP and my lawyer blurted out what I said above.



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  • jthomas
    05-16 08:34 PM
    Since you are in H1B the employer would book your ticket to US and secondly, if in any case if you have to go back the employer would give you a return ticket back. That's what most of the employers do.
    After reaching US, be active in IV forums as well as join the state chapter.
    All the best.

    J Thomas


    I'm coming to the US for the first time on H1B. Do I need a one way or a return ticket? My travel agent told me that since I have a multiple entry visa (expiring on Oct 2011) a return ticket is not required unless I need to travel back home within one year. Could someone with knowledge about this issue help me out. I would really appreciate a reply from someone who recently landed in the US on H1B.

    Thanks




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  • sugaur
    12-23 05:08 PM
    169000 prosecutions, from estimate 12 million illegals. Lets see, around 0.01% !!! And please note the headline "IMMIGRATION ENFORCEMENT THROUGH THE ROOF"
    Another biased article designed to garner support for illegal immigration while trying to lull others into thinking that there is a crack down against illegals!!!



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  • sfxman
    05-09 02:30 PM
    Thanks!

    Is your case number low?

    Mine should be current in december/january if it follows same trend as this year...




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  • sankari
    05-08 08:49 AM
    Hi
    My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks



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  • krishmunn
    10-14 09:00 AM
    Your husband will need to go for H4 once the H1 time runs out (check if any time can be recaptured)




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  • PD_Dec2002
    03-07 12:42 AM
    Hi,

    Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?

    Thanks.

    I don't know if the following information is applicable if the GC is denied.

    Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.

    Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.

    Regards,
    Jayant



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  • Ann Ruben
    01-21 07:54 PM
    Please clarify:

    When was your labor cert. application filed?
    Is it still pending?
    On what date did you first enter the US in H-1 status or first obtain a change of status to H-1?
    Since you first entered the US in H-1 status or since you first changed status to H-1 have you spent any time out of the US?
    If so, how many days?
    When in 2008 did your new employer file its H-1 petition for you?




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  • snathan
    05-17 10:41 PM
    You can say 'Yes', but it will trigger unnecessary questions from IO. I am not sure about the consequences. If I were you, I would say NO as its not full time course and not going to change the status to F1. I beleive you should say 'YES' only if you change to F1 visa in the future.




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  • shanky555
    05-09 10:32 AM
    Hi,
    company A did H1B and H4 (both approval notices. No Visas stamped yet)
    company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?

    sincerely appreciate any input

    Thanks in Advance




    coolyaar
    01-12 08:29 PM
    Hi,

    I want to go for a H1B stamping in Canada. I am a PR of Canada.

    I have been working with this employer since sep-06. I was on vacation from 13-Jan-07 to 13-Feb-07 in this period i was not paid as i was on personal leave. After coming from vacation I got a project on 05-Mar-07. So I did'nt have any pay stubs between 13-Jan-07 and 04-Mar-07. I was on project till 25-May-07. I was looking for a project for a while and i got a new offer from an employer in canada so i moved to canada on 15-Jul-07. So I never had any paystubs between 26-May-07 and 15-Jul-07. Now i want to go for a H1B stamping in canada.
    I have got all other H1B Visa stamping related documnets except the paystubs between (13-Jan-07 and 04-Mar-07 )
    and (26-May-07 and 15-Jul-07)

    My questions are.

    1) Can I go for H1-B Stamping?

    2) Is it compulsory to have paystubs?

    Thanks in advance for your help.

    Regards,
    CY.




    MyGCPath
    10-23 01:37 PM
    Guys/Guru's,

    I need advice/thoughts from you on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?
    __________________



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  • alex99
    03-12 04:47 PM
    Technology/SKILL SET: .NET (ASP.NET)
    Hourly Rate/Salary per Annum: 40 per hour
    Location: Richmond/VA
    Year of Experience: 6




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  • lord_labaku
    10-13 10:29 AM
    Pls. google USCIS pages for official info. You cannot stay for more than 6 months away from US each year every year. The situation might be different if its a US based company abroad.




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  • rrarunan
    11-17 10:09 PM
    Hi Everyone

    Just wondering if anyone in the forum can help me with this question.

    My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.

    And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.

    According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.

    My question is:
    According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).

    So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?

    Thanks.
    Any help would be deeply appreciated.




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  • lazycis
    11-30 10:11 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.



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  • apatel_17
    03-28 08:37 AM
    Since Senate passed the CIR bill last year, is it necessary for the Senate to pass a bill again this year?

    If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?

    Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.




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  • reachinus
    07-20 12:38 PM
    Hi All,
    I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
    Did any one come across the same situation....

    what does it mean

    Usually Receipt notices will not have PD's only the approval notice's will have the PD's. Check you 140 Receipt/Approval notice as well. Its OK.



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  • txh1b
    08-18 06:56 PM
    OP doesn't seem to know what s/he is talking about. Immigration 101 class is being offerred. Just spend time on the forum.




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  • Saralayar
    01-23 07:48 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.
    They will keep the dates between July 11 to July 30 for a few months. During this period, they have not recieved much applications as most of the companies just kept the papers as USCIS announced that they will not accept the forms and reject. Most of the July fiasco applications must have been filed from August 3. If they are really working, then the dates should move to August 2007 in next month processing time.



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  • veni001
    08-09 11:59 AM
    What is the minimum qualification required for the position his employer going to file PERM?:o

    Hi

    This question is for my friend. he has a Bcom (3 years bachlors from India) with certification of chartered accountant and cost accountant. He has a 6 years of post qualification experience in india (after ca and ) and now he has 6.5 years of experience in US. (Total post qualification experience is 11-12 years)

    His lawyer said as this is a 3 years degree you dont qualify for EB2. lawyer also send us a case where DOL denied CA plus 3 years of bcom under EB2.

    Can you help us if he qualify for EB-2, what is the best way to file.




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  • gc_kaavaali
    06-19 04:46 PM
    I am sorry to ask...If H1B doesn't have I-94 attatched to it and it was approved when my friend was in india, he can work on L1. My question is, if he moves out of country and get H1B stamped, can he work on L1?



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  • gcformeornot
    09-27 08:42 PM
    for details. Good Luck to ALL.




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  • greyhair
    08-01 11:19 AM
    Is USCIS case status website down? I am not able to access it.




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  • thomachan72
    03-20 08:53 AM
    These guys did not mention specifically "legal immigrants" but to me that sounds even easier since most of them possibly have decent wages and also maintain a legally sound lifestyle.



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  • a2k2
    06-15 03:43 PM
    Yes I did send a copy of I-485. I also sent a copy of her previous approved AP.




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  • pappu
    05-13 01:54 PM
    sorry, this message is in the wrong forum, lot of people come here to find a solution for retrogression problem, if you have questions related to your personal cases, please post it in the right forum.

    immigration forum on immigration.com is the best place to post personal immigration questions. Murthy chat on murthy.com is another resource. Lets have this forum specifically for IV related issues that affects us all.



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  • Blog Feeds
    10-15 06:30 PM
    H-1B Quota is still available for all employers. Employers who have not yet proceeded with new H-1B filing can go ahead now too as per their business requirements. After many years since the Cap of H-1B started, it is still available even after Sept. 30, 2009. As of this writing, there are still H1B cap numbers available, both in the advanced-degree and regular H1B quotas. This means that H1B petitions can still be filed for fiscal year 2010. These filings can continue, as long as the cap numbers are available.

    We like to share that H-1B petitions can be filed throughout FY10, until the cap numbers are all depleted. Petition filed under the 2010 Cap after October 1, 2009, the start date of work requested can be immediate. Since October 1, 2009 has already passed, and the H-1B numbers are still available, filings may request an immediate validity date. Like earlier, the start date for H-1B work can be as much as six months in the future, depending upon the needs of an employer. Usually one has to start the H-1B Cap process 6 months in advance of the requested start of employment, employers were all doing so in order to increase their chances of obtaining one of the limited cap numbers. Thus, cases were filed at the beginning of April, requesting an October 1st start date. However, we are now beyond October 1st, and Cap numbers remain available, it is possible to pick a more desirable start date, ranging from immediate to six months in the future.

    There is not much progress in cases filed in FY 2010 quota yet. However, there is sharp increase in filings. The regular cap increased by 1600 cases between the end of August and the end of September, for a total of 46,700 as of September 25, 2009. This reflects a higher rate of filings than in the prior few months which may be due to re-filings and fresh filing as per upcoming requirements. We will keep you posted on further developments.





    More... (http://www.visalawyerblog.com/2009/10/filings_of_h1b_cap_cases_allow.html)




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  • mjdup
    12-19 11:12 PM
    It is possible to port the PD, there are some forums please search and you should find the answer...

    Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !




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  • bobzibub
    09-30 04:10 PM
    ...on a plan for �deep economic integration�

    http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/09/19/national-post-editorial-board-free-trade-with-europe-is-worth-some-concessions.aspx

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    amitga
    07-01 08:55 PM
    I think you should have added June 30th also.




    Ann Ruben
    02-21 07:39 AM
    A word of warning: If for any reason the US Consul in Canada denies your visa application, you will not be permitted to return to the US until you go to India and get an H visa.



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  • tammman
    12-13 02:22 AM
    If she has a valid L1 stamping in passport and she is still working for the employer she can enter without problems.
    Thankyou, for your response.




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  • Rolling_Flood
    08-26 08:59 PM
    Are there people who are current now, who have no Priority Date mentioned on the I-485, EAD and AP receipts? (i.e. the PD box is blank)

    The priority date is shown on my I-140 receipt, but not on the aforementioned documents.

    Does anyone know how to correct this problem? Thanks much.




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  • sanju_eb3
    12-08 11:38 PM
    I love Chand Nawab calling people "Barwah" and "Baygarath" :).

    I almost died of laughing :D.




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  • malet
    06-02 10:33 AM
    Hello, I'm new to this forum. Please don't be tough on me.
    I received the folowing letter from NVC. The case is for my dad. He originally filed under F4, priority date 13Jul2000.

    What does it mean and what we should do?

    Many thanks.

    ===========================================

    Dear Sir/Madam:

    Your inquiry has been received at the National Visa Center (NVC).

    A letter was previously mailed to the Agent of Choice or Attorney of
    Record requesting the amendment of previously submitted applicant forms
    and/or required applicant documents that have not been submitted. The
    documents listed on the letter and/or the amended forms must be
    submitted to the assigned US Embassy or Consulate General at the time of
    interview.


    The applicant's name has been placed on the list of documentarily
    qualified cases awaiting the availability of visa numbers under the
    numerical limitations prescribed by statute. The designated
    representative of this case (applicant, petitioner, or attorney) will be
    notified of an appointment date as soon as the numbers have been
    received. The applicant should NOT make any travel arrangements, sell
    property, or give up employment until the US Embassy or Consulate
    General has issued a visa.

    An immigrant visa is usually valid for six months from the date it is
    issued. It may be used to apply for admission into the United States any
    time during its validity.



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  • gcobsessed
    11-26 02:41 PM
    Looks like an interesting option for those in health care if you speak Hindi, Tamil, Bengali, etc. to get US citizenship within a few months without going through the green card process mess...

    ILW.COM - immigration news: Frequently Asked Questions About The Army�s New Non-Citizen Recruiting Program For Foreign Health Care Professionals (http://www.ilw.com/articles/2009%2C0317-stock.shtm)

    Any idea on what the chances of being called for active army duty might be within the 6 year period you are enlisted?




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  • Shakermaker
    08-17 10:11 AM
    I was gonna say Job offers....beat me to it!



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  • gc28262
    07-19 11:55 AM
    What was the original I-140 revoked for ?
    If it is not revoked for fraud or misrepresentation, you can port.




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  • gulbir
    06-20 03:06 PM
    GC03 ,
    Thanks for your prompt response.



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  • wandmaker
    02-25 03:49 PM
    Immigration law is federal law. You can work with a good attorney anywhere in the country via fax, phone and email.

    You are right - based on my personal experience, Like Doctors, it is always good to have an attorney physically reachable; it will be handy when the need arises. I guess, the OP is looking on similar lines.




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  • austingc
    08-07 12:01 PM
    I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??
    Joshibuwa,

    I don't think you want to hear our openion to take action in your sitution. Talk to a good and reputable attorney to handle this case.



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  • eagerr2i
    08-30 11:57 AM
    What are you smoking? Would you please share with the forum?




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  • Kodi
    03-10 04:06 PM
    My experiance.... My 6th year on H1 expired beg Dec 2007. I applied for H4 Mid November 07 and haven't received a response yet. My attorney said as long as you file H4 before your H1 expire you're in status.



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  • immi2006
    11-27 11:04 PM
    Hi,

    Couple of my colleagues from 10 Aug filing in TSC got 140 approval last week, same is the case with a few from Nebraska as well, I am still stuck waiting for my I 140 even though I filed ahead of others.




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  • jliechty
    April 1st, 2005, 08:39 PM
    Why not pick out one or two of your favorites (or perhaps instead, images that are technically fine but that you don't like and aren't sure why) and post them here? I'm sorry, but I certainly won't be taking the time to wade through a gallery of hundreds of images that look almost exactly the same, let alone writing critiques for each one (which is what I assume you were asking for, having posted your site in this particular forum).



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  • regacct
    05-03 10:08 AM
    NIV Renewals - U.S. Diplomatic Mission Abuja, Nigeria (http://nigeria.usembassy.gov/niv_renewals.html) Check it out, it does not mention anything specific.

    You cannot go to Mexico, it is out of picture (Visa Services (http://tijuana.usconsulate.gov/niv.html)).

    Next option is for Canada, but if you do not have US education or experience in US as they clearly mention on consulate site of Canada (Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability)).

    It is recommended to go to Home country for change of status or First time H1B visa stamping. The reason is, it is much easy to verify your education certificates, work related certificates etc if you are from your home country.

    Disclaimer: I am not a lawyer.




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  • eilsoe
    10-20 05:07 PM
    I made Anaglyphs some years back with red and blue pens...

    Then I went and lost my red/blue anaglyph glasses... (d*mn)...



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  • dskhabra
    11-26 10:04 AM
    My wife is in the same boat. We filed for H1 amendment in the first week of September and online status tells it's done on 20 November. We still have not received documents in mail from USCIS. This was in Vermont. We were told initially that it might take upto 3 months.




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  • tempgc
    11-05 10:16 AM
    Hi all,
    If anyone knows TSC fax number, can you please share that with me. I am a July 2nd 485/ EAD/ AP filer and I didnot receive my AP yet. My H1 visa got expired and i need to goto India ASAP.


    Thanks a lot




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  • mmk123
    01-15 08:50 AM
    Here is something we really should watch closely. US senate race in Massachusetts between Democrat Coakley and Republican Brown. They are fighting for the vacant seat of Hon. Late Senator Ted Kennedy. Now, people would think, why a race in mass. matter? It's a completely blue state, and had no republican senator in last 40 yrs, obviously a democrat would win. The election is on tuesday and the ground reality seems to suggest something else.

    This seat is crucial for President and Democrats as it is the much coveted 60th seat in the senate to get a filabuster-proof majority which democrats have enjoyed so far. It is critical for healthcare reform as well as for immigration reform (if at all it comes).

    The gap between both the candidates was narrow with democrat leading but today, for the first time, polls indicate that Brown has taken lead over Coakley. People in this blue state seem to increasingly support Brown, mainly frustrated because of healthcare policies. Mass residents already have a healthcare related tax to help run state's universal health care. On top of that, federal health overall would be adding more taxes on people and people fear that they will end paying both. Already, mass is a very high tax state. So, there is an increasing popularity to tax-related fiscal conservative campaign run by Brown.

    This is surely gonna be a nail-biter; so let's wait and watch this one. Election is coming tuesday.




    iv6523
    06-11 08:17 PM
    Hello,
    Can any of you throw some light on these

    To my understanding, if one is maxing out 6 years of H-1B visa on Nov 30, 2009 and doesn't have a way of extending to the 7th year H-1B.Then he has to stay physically outside of USA for 1 year.

    1.Does 1 year stay have to be in the home country only?
    2.Can one come and visit USA for a month[June 2010] or so between Nov30,09 and Nov 30,2010.[Eg: Conference, interview]?
    3.If answer is yes to 2, would one have to stay for another 1 year away from July 2010? or they can come back to US during Dec 2010, if they have a new H-1B job?

    Inputs appreciated.
    Thanks




    SK2007
    03-25 04:48 PM
    You are more than welcome to do the stamping in any country... just that if your name comes under TAL or any other check, you would end up enjoying that country for longer than you had intended originally...

    I have been to Canada twice for stamping - no issues, just realized that they have become more strict in evaluating candidates - one friend of mine enjoyed Toronto for about 1.5 months (originally intended for 2 days).

    So talk to your lawyers and be safe and comfortable :)

    As said, you can go any US consulate to get your Visa stamped, I got my twice in Canada, once in Dublin, once in London, most times I was travelling on business, I know if there is somethging wrong my company and the lawer will be there. It depends on your company, I guess...