Thursday, June 30, 2011

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  • EB3June03
    06-28 12:06 AM
    Folks,

    I want to find out if the remarks section of the I-693 form should be filled in by the civil surgeon for applicant who has LTBI and according to CDC is recommended to go for Evaluation for Treatment for TB.

    From USCIS website:-

    USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1758d5b07655b110VgnVCM1000004718190aRCR D&vgnextchannel=da3eaca797e63110VgnVCM1000004718190a RCRD)
    Q: Both the CDC and USCIS have revised their requirements for medical referrals, as notated on Form I-693. In what instances must the referral section in Part 3 be completed?
    Only complete Part 3, Referral to Health Department or Other Doctor / Facility, if the referral was required, such as when a Class A condition is suspected and needs further evaluation. Do not complete Part 3 if the referral was merely recommended by the CDC. Instead notate the (recommended but not required) referral in the Remarks box under that particular disease or disorder. This will help alleviate the possibility of USCIS rejecting the Form I-693 due to an erroneous assumption that a follow-up evaluation was needed before completion of the form

    I know the Part 3 should NOT be filled by the civil surgeon if the applicant has Class B latent TB. (PPD positive) AND X Rays clear of any Active TB.

    If the remarks section is NOT filled in, would there be any problems? Civil surgeon has marked Part 2 with Skin test positive and the size of the induration. Also, he has marked the X Rays normal but he has NOT filled in the Remarks section. I hope that is OK.




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  • gcloner
    04-10 10:52 PM
    Hi! I need a help.. and I mean HELP. Cause my gc is still pending. we (my family & i) are still waiting for it to come and my problem is that I am planning to go back to my country to study college in there.. Classes will start on the first week of June, and i guess that I cannot wait for my green card to come. My questions are:
    1. Can I use my H4 visa (that had been issued in US embassy in my country of origin) to leave US?
    2. Do I still need to get AP?? Even if I am a dependent of my parent?
    3. Incase our (family) GC arrived in our house here in the US, can they just go home in our country of origin with the green card? (my greencard?)
    4. Can I use my green card (brought by my parents from US) to enter back to US???

    thank you from the bottom of my heart.




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  • ronhira
    10-01 07:46 PM
    American Worker.org is spreading false information. It is time we start to do something to stop it. Maybe we can register on it and spread the truth.

    & who r u..... publicist for anti immigrants...... y r u doing ads for anti immigrants.....




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  • sanjeev_2004
    09-07 01:57 PM
    This one is the last friday's update, they should release new receipting update today!!

    Does USCIS give reciept update every week end?

    Does USCIS give reciept update on Sunday or on Friday?



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  • sonia_sd
    03-25 05:24 PM
    Friends,

    We are future permanent residents waiting in queue, for sure many of us are going to get GCs in few weeks/months/years. Considering this situation lawmakers can give us a chance to get the GC faster than waiting in the queue just by buying a house. But still they are searching for another solution than which could be effective.

    Soni :D




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  • Dhundhun
    07-11 09:42 PM
    I sent a PM to you. Hope that is helpful.



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  • kiran24
    07-21 01:55 PM
    Crazymonk,

    Thank you for the advice. One more question. After I fill this form , the employer should keep it for their records only. Correct? No need to send it to anyone.




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  • babo
    07-31 11:20 AM
    Good point.. no harm in sending extra info.



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  • moonrah
    07-21 01:41 AM
    one lawyer whom I spoke with says it is still ok...basically they need senior applicants in their field who has done some supervisory work and can do managirial work..I don't know how much it is true.




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  • kothari_rupesh
    07-05 11:07 AM
    Can somebody mention how long it took to get AP approval at NSC ? I applied for AP at NSC on June 12th and I booked ticket for my wife for Aug 3rd, I was going to join her to India and booked my for October, I figured I would carry both the AP's and use it for coming back, now I am reading that AP has to be approved before she leaves or else it is no good. Can some body put their approval times at AP in recent times, so I can decide to change tickets accordingly ?



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  • sreeanne
    11-17 06:14 PM
    thanks for your comments wandmaker.

    anyone, any thoughts please share.




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  • SKK2004
    08-27 11:39 AM
    Thank you for the info. Mine is first time EAD and some other members informed that even for the first-time EAD, FP may not be "required".

    My wife and I also had our EADs renewed last month. We received our new EADs sometime in the last week of July and neither of us had any Finger Print notices.



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  • gc_eb2_waiter
    08-01 10:24 AM
    The G325A form contain the below text.

    Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.

    My lawyer mentioned that it is A# number. At present we dont need to fill anything.
    Is it true?




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  • learning01
    10-18 02:41 PM
    http://www.forbes.com/leadership/compensation/2006/10/17/immigration-congress-labor-biz-cx_1018oxford.html
    and the write-up mostly talks about illegal immigration.

    While quoting, discussing such links helps the members of this forum somewhat in keeping the buzz, I feel we must have focussed efforts on specific provisions that will improve the issues faced by legal immigrants. It is possible that this is easier to achieve than a Comprehensive Immigration Reform that this articles speaks about. Thanks to apnair2002 for the post.



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  • nk2006
    07-10 01:24 PM
    Guys,
    AILF is seeking plantiffs. Please show some spine & courage. If your employment history and everything on your green card file is clean, volunteer for becoming plantiff. I have a gap in employment otherwise I would have surely volunteered.
    Thought AILF already has enough plaintiffs - this was last week's news. Anything changed or they just looking to add more plaintiffs?
    It would be good if someone with a compelling story comes forward (I have a normal story but still i will check with my company/attorney if there are any objections if I join as plaintiff).




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  • Humhongekamyab
    06-04 10:11 AM
    bump

    What did you attorney tell you to do?



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  • chanduv23
    06-14 06:16 AM
    Same boat. My brother's marriage is in the last week of August and I have to travel to India.

    When I go to India, I will need to get H1b stamping on extension - will that be an issue?

    If I apply for 485 now, and they send biometrics notices when I am in India (will be there for a week in last week of August) , will it be an issue? Though it is a long shot?

    Changing address - I will be moving into a new apartment soon (in 3 months) - so effectively after applying 485, I will be moving to a new apartment - how will I handle address change?

    Can anyone help me with these answers :)




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  • FredG
    October 18th, 2005, 05:42 AM
    Nice job!




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  • RNGC
    04-07 04:54 PM
    If USCIS cannot handle 1 legal million immigrant applications, how they are going to manage 12-20 million applications by the illegal aliens...its going to come soon...




    uffyegc
    02-09 06:14 AM
    Hi,

    I have applied 485 through a lawyer. The lawfirm sold their company to some one else. I was asked to file G28 and I didn't file for G28 yet.

    I got a mail saying I was sent RFE n Feb 4th. I haven't received the letter yet. Would the RFE go to lawyer or me?

    What should I do now?

    Thank you.




    harrydr
    01-13 09:34 PM
    Can anyone clear my doubts on the 2 scenarios below. Thanks.



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  • lghtslpr
    02-02 07:20 PM
    Does anyone have any insights or theories on why PERM processing is so badly delayed at Atlanta? And why are applications being processed out of order? People who filed in Jan 06 are getting approved while those who with priority dates in 2005 are still waiting. Does anybody have ANY idea? There should be some transparency in the process. It's just a black box right now and that makes the process ten times more frustrating.




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  • geevikram
    11-22 03:02 PM
    I would like to hear the response for the same.




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  • thakkarbhav
    01-20 02:32 PM
    You can apply for multiple H1B at the same time. No need to pay Company but they will aks you to join once H1B gets approved. so at that point you need to decide which one is better for you. You can work for both of them if one of them is ready to offer you part time work. Please Get attorney advice on that part.




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  • bharat2008
    02-09 10:36 AM
    Thank you Elaine .My PD is 2008 EB3.



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  • GCBy3000
    07-19 11:30 AM
    Look at this H1b Supportive document from information week.


    http://i.cmpnet.com/informationweekdownloads/doc/0606Data_05.pdf




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  • gc_on_demand
    01-14 02:57 PM
    Hello Sir/Madam,

    I came to US on H1B visa and recently i switched my job.My previous employer (INDIAN Employer) is asking me to return original H1 petetion which they filed.

    Can anyone please help me with below queries
    1. Do i need Original petetion from previous employer for Green Card processing ?.
    2 Should i return H1 petetion or not to my previous employer ?.
    2. Is it legal requirement that i need to return original H1 petetion to previous employer who filed it ?.

    I would really appreciate and thankful , if you clarify my doubts.

    thanks in advance


    You can return top part of petition and keep lower part with you. Before giving back just make a noterized copy with you. just in case.



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  • javadeveloper
    08-13 11:27 PM
    No one Interfiled so far??




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  • boston_gc
    09-11 11:25 AM
    Gurus:

    I have a quick question about PERM requirements. I was told by my attorney that if I own my company�s stocks, I will be considered a part owner of the company and this will automatically trigger an audit.

    My company is a private company and I was given some stock options with very few stocks that I have exercised. I will really appreciate your response.

    Regards,



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  • ursosweet
    12-10 08:48 AM
    :confused:
    Hello everone.
    My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
    i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.

    what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
    Can anyone please help me out.

    Thanks




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  • getgc
    05-22 09:06 PM
    Your I - 94 Validity cannot be at a date later than H1-B. You say you got your first H1B visa till Oct 2005, but I - 94 expires in Nov 2005. I donot think it can happen

    Third country Nationals can go to Mexico and get thier Visa stamped. The only thing is if your Visa gets refused for some reason, you will have to fly back to home coutry and get it stamped.

    Have not heard such cases though.



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  • vaniuma
    09-08 12:51 PM
    Hi All,
    I am currently on h1b Visa.My visa will be expires by end of Sep 2010.And I am not working
    since June.My husband is on H1b.So I am planning to change my status to H4 visa.What is the procedure for conversion.Please advice on that.

    -Vani




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  • wc_user
    07-21 01:47 PM
    Hi,

    I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.



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  • suny_saini
    08-05 12:18 AM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485

    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?




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  • murali77
    07-17 06:43 PM
    If I file my I-485 during the next 2 weeks and assuming the super number of filings, what is an approximate date for fingerprinting. My wife has to visit India for her sister's marriage in Oct-Nov time frame.

    Appreciate your inputs.
    Murali



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  • shaikhshehzadali
    07-11 11:38 AM
    I think those bills will only be related to toughening border security n patrol..




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  • poorslumdog
    08-04 10:19 PM
    Hi,

    I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.

    Thanks in Advance.

    - Mani

    Yeap...put your passport in the freezer for three days and then apply for H1. :D



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  • webm
    06-10 11:22 AM
    This is really a good news!! :)

    BTW,what about AP??

    Mine was approved recently..UH just missed the boat this yr :(



    I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.

    Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.

    This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there.




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  • gcadream
    02-25 08:04 AM
    Few friends of my whose PD were in 2003 had got their GC no matter the current opening is for Jul2001, since you have already applied for ur I-485, I think it would be better for you to wait & watch for some more time and join company B on EAD with contract to hire position.
    Or else you can start ur EB2 processing also through Company B and then later I think there is a way to make us of PD of EB3 when filling for ur I485.




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  • roseball
    05-09 11:31 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

    No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.




    jackiesteward
    02-05 11:42 PM
    Hello everyone,

    I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks




    Digitalosophy
    06-21 05:51 PM
    Thank you man, it's a shame the client had to front.



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  • fcres
    01-17 10:37 AM
    Is there a provision to port my PD to my child (not born here) plans to come back here sometime in future!!


    (FUN Intended)

    I think it is possible according to this cfr 22CFR Sec 45.2 (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)

    Sec. 45. 2 Priority date of applicants.

    The priority date of an alien who is the beneficiary of a petition approved by the Service to accord status under section 124 of Public Law 101-649 shall be the filing date of the approved petition, as determined by the Immigration and Naturalization Service. The priority date of the spouse or child, accompanying or following to join such an alien shall be the priority date of the alien spouse or parent.




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  • martinvisalaw
    10-13 03:20 PM
    The documents you need to be able to legally marry depend on the rules where you intend to get married. It is not really an immigration question.




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  • Blog Feeds
    06-28 03:30 PM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    In McDonald v. Chicago, The Supreme Court reasserted today that individuals have the right to retain guns at both the State and Local levels. The Majority consisting of conservative justices---- Alito, Roberts, Scalia, Thomas, and Kennedy based their decision on the history of the second Amendment, where militias were given the right to protect their farmlands. At that time we had no organized police force, we had no justice system in place.

    Who are the militias of today? The KKK-- the uneducated people, who generally do not work, collect welfare checks, and blame all their owes on the colored people and now the "illegal immigrants."

    If the Supreme Court grants the right to local levels to enact gun controls, one can only speculate for instance what kind of gun control laws Maricopa COunty in Arizona will enact.

    Due Process protects every "individual"; it does not say "citizens". And just like every individual has the right to protect themselves with weapons, every individuals also have the more fundamental right to live.

    Although the justices said that the Second Amendment allows for a reasonable restriction of guns, their rationale based on history of the second Amendment gives the militias a carte blanche right to bear arms. This can indeed set a dangerous precedence.

    For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-3007429105780062622?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2010/06/second-amendment.html)




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  • CRAZYMONK
    10-30 11:11 AM
    Check whether Hialeah Florida is your employer Jurisdiction.

    If so it might have transferred for background verification.



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  • sweet23guyin
    02-19 10:49 AM
    http://immigrationvoice.org/forum/showthread.php?t=17237




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  • tancot
    05-18 10:33 PM
    Thanks for your reply.

    One more query, if I go to India while my petition is pending. I will need to get new H1 stamped.

    Can there be any issues when I go for stamping?




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  • dahai
    06-17 10:08 AM
    Hi,

    On the USCIS website, it mentioned "normal processing time" in the following statement. I am wondering what is the normal processing time for I-485. I can't find it. When the published processing time is current for a case, how long it will take for a case to be approved?

    My case suddenly becomes current for a month with the sudden forward movement of the processing time. I am wondering how long should I wait before I contact USCIS about my case if I do not hear anything from them.

    When is name check initiated? When the case is received or when the case processing time becomes current?

    Thanks!

    ---------From USCIS website---------

    The processing times that we publish let you estimate how long it will take us to process cases filed before yours, and then process your case. However, every case is different and sometimes an individual case can take longer than average.

    If you don't hear from us within the normal processing time, check for updated processing times on our website. If your case has a receipt number, use it to check on the status of your case at the same time. We recommend this action on your part because our notice may be on its way to you.

    If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation.



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    05-06 03:52 PM
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  • abhijitp
    02-11 01:47 AM
    My company has decided to transfer all cases to a new attorney, and I am planning to go with the decision.
    Therefore we need to file a new G-28 (Notice of Entry of Appearance as Attorney or Represesentative).

    The form pre-filled by the new attorney says:

    In re: All Immigration Matters on behalf of XYZ
    Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!

    My AOS(and EAD, AP) applications filed in July 2007 all had separate G-28 forms which said:
    In re: I-485 for XYZ on the G-28 pertaining to my I-485,
    In re: I-131 for XYZ on the G-28 pertaining to my I-131,
    In re: I-765 for XYZ on the G-28 pertaining to my I-765

    Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!

    Thanks!



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  • USABrightFuture
    03-01 11:19 AM
    I applied for H1b visa transferred in Nov 08 inspite of not having recent pay stubs. After applying transfer, I started working for new employer.
    Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).

    My husband is on L1B visa.
    In my case
    1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?
    2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?
    3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.
    4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?

    Please help ..
    Regards ...




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  • vedicman
    06-15 10:21 AM
    Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??



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  • buehler
    02-07 12:20 PM
    anyone?




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  • SGP
    01-18 04:37 PM
    My salary in 2011 has been raised by $20K per annum, from what it was in 2010.

    Will this have any consequences on my next H-1B renewal OR if i go for visa stamping OR on the PERM application?

    Mine is a small company with just 12 employees and I hold the same position as I used to when i sarted. I just want to know if there would be any issues with this on any stages.

    Your replies would be appreciated.

    It's no problem at all if you make exactly the same amount as mentioned on your H1B petition or if you make more than that. It never is an issue to make more $$$$$$. Make hay while the sun shines.:D
    ________________________
    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.



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  • SeanDell
    07-09 09:58 PM
    Under the new fee structure, does the NO FEE apply only to the initial set of AP documents or also to all the subsequent renewals of AP I-131 document.

    Thanks.




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  • sumukhangle
    10-15 03:22 AM
    hi everyone

    I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.

    Now my question is....
    1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)

    2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )

    Any comments or suggestions will be appreciated.

    thanks



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  • coalfadmin
    01-24 02:34 PM
    I have an employee who was a student and then got employment authorization. She asked me to begin the process of getting her an H1B; but then we determined that she really wanted a green card. Can I use the LCA I got for her H1B to apply for her I-i40?




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  • AJT
    07-06 10:41 PM
    Dear Core Team,

    Can you please indicate on the site if there are any bills (pending or otherwise in both the house and senate) that can get renewed focus or revived that would offer some sort of relief to the current situation of unavailability of visa numbers in the employment based green card process. I strongly feel that the current momentum and attention being drawn by the DOS/CIS update can be used to urge congress to pass some interim measure outside of CIR. That is where in my opinion should IV's focus be at this juncture. If and when you post anything on the site, i and other IV members i'm sure shall begin calling house reps. and senators to urge them for bringing the bill to the floor so that it provides relief to hundreds of thousands of legal immigrants.

    Thanks!




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  • piyu7444
    05-06 12:57 PM
    It will be difficult for you to get approved by USCIS.




    akilhere
    08-27 08:12 PM
    I'm currently working on an H1B (12th year) for my original sponsorer. I also have an EAD which i have not used yet. My spouse is working on an EAD.
    I'm planning to start a new business with a couple of friends of mine (who are GCs and citizens). How do i go about it?
    Do i have to make my wife a co-owner and work in this venture as a 1099 or can i be a co-owner in this company and use my EAD for it? Please note that i do not want to quit my full-time current job with my employer(sponsorer).

    Any help on this would be appreciated.

    Thanks in advance




    sreeanne
    02-05 11:32 PM
    Just check this

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    where USCIS clealy specifies

    Renewal EAD: You cannot file more than 120 days before your original employment authorization expires.

    They may deny it instead of rejecting and finally u will end up loosing EAD fees.