Friday, July 1, 2011

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  • chintainfogc
    03-05 02:51 PM
    Dear Lawyer / Member,

    My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
    Question is: Can she able to enter US without EAD?

    My Wife status:
    Current Status : AOS (H4 - expired) - Filed I-485
    Advance Parole: Valid till 11/11/2010
    EAD: Valid till 10/11/2010 (Lost):mad:


    Appreciate your response.

    Thanks
    chingainfogc




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  • nrmarrivada9
    03-30 12:03 PM
    I was issued a new I-94 when my status changed to H1 and another one when i transferred my H1 to another employer. Will that be good enough or should I get in to the country with new I 94.

    Thanks much for your advise.




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  • vivache
    11-08 12:33 PM
    Hi there.
    I plan to go on vacation in Dec to Peru.
    I also need to get my h1 stamped.
    Has anyone stamped from Peru or some South American country?

    Can you let me know if any issues.
    The embassy has a number that gives access to a service where I can schedule an appointment .. but does not allow me to speak to anyone.




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  • adibhatla
    04-29 12:39 PM
    Also can you please close the other thread that you opened.



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  • sparklinks
    02-28 05:57 PM
    HI,

    I am on F-1 visa since Jan 2007. and got started my OPT in August 2009. I have on campus income through out the year in 2009. so how do I file the taxes, n which forms. for tax return 2009.

    also I got married to a F-1 student in Jan 2009. She is also having her OPT started in August 2009. She has income only on OPT (from Aug to Dec 2009) so which forms she should also file.

    my wife did paid her college fee in Jan 2009. and we have paid the rent through checks on leased apt.
    So can she/we ask for deduction of any kind?

    also which status we have to fill in. "Married filing jointly/separately".

    please reply as soon as possible.

    Suggesion to file 'Married filing jointly'.

    If both of you having 1098 forms from school you can file for Hope-credit (each gets $2500 credit, thats huge amount :) ). You cannot show the Apt. on tax form.




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  • Robert Kumar
    03-02 11:14 AM
    Hi,

    Previously worked in a Supply integration company A, and EB3 job desc shows role as a consultant "responsible for ERP implementaiton with some programming experience".
    In that role later, Lets say I've performed Network and Systems Administration ALSO.
    So I have a mix of all skills at the end of 10 years in the company.

    Now if I get an opportunity from a company B that needs experience in Network Administration and some pre-sales (internal to the company),

    1. Will I qualify to do the job and be under "same or similar category" to be AC21 compliant.
    2. Can Company B file an EB2 and use porting of date.

    Please advise
    Bobby,



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  • gc_dreamer_485
    10-24 01:24 PM
    Do you know what was the message on the rejection notice for your friend?




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  • 4 of 19. Justin


  • alisa
    02-03 03:26 PM
    Hello from Wisconsin......
    We tried to organize a little meeting back in December. But not much came out of it.
    We should try again.


    Hi, I hope I can find poeple who are in WI and striving to get their Green Card. Feel free to email me happyforest@yahoo.com
    Thank you.



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  • JUSTIN BIEBER AND SELENA GOMEZ


  • GCeffect
    08-12 09:27 PM
    does anyone havea any idea about the EB3 status for the rest of the world? please experts give us some hope....my PD is May 2006. Any hope soon????




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  • jsb
    09-13 10:40 AM
    Those planning to park at Metro Stations, note that at most stations parking is not free. Where paid, it is accessible only through SmarTrip card (a prepaid card used by regular commuters). Credit cards or any other payment methods are not accepted at these automated parking lots.

    Further, as such, these lots get filled up by 8am. Sep 18 being a car-free day in DC, more cars are likely to get at these parking lots, filling them even earlier.



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  • kirupa
    05-16 02:16 PM
    Added the saharanogloss.jpg version!




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  • TomPlate
    07-10 01:22 PM
    My company want to be neutral. They don't want me to join in the plaintiff. Best would be AILA talking to the company and asking their help.



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  • kirupa
    03-27 12:44 AM
    Added your first one Junaidi :)

    Please create a second thread for your second entry so that I can link directly to it!




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  • Blog Feeds
    07-07 08:10 PM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    The justice Department's suit to block the restrictive law in Arizona is heralded by everyone as an "immigration issue." Both Wall Street Journal and New York Times have huge headings under "Immigration Law." But the question is not about immigration law. It is about the fundamental human right to not be judged by the color of our skin.

    The proponents of the bill, like Arizona state Sen. Russell Pearce say that the bill "prohibits racial profiling." But I wonder if every individual is stopped and asked for their passports. The will cripple business in the State. Will everyone, ie white, black, brown, yellow, and whatever other color or look need to take their passports, birth certificates, etc to Arizona?

    I naturalized into this country and is in the highest tax bracket. I work and pay taxes. Yet I am brown and have an accent. As a practitioner of immigration law, I know say for instance white Canadian who are here, in the US, working illegally, but are white and except for a slight "oot and aboot" has no other accent. Who will the Arizona police "catch"?

    The lawsuit is also about separate state and federal rights. The Conservative Supreme Court will champion State rights, but it will remain to be seen whether they champion Separation of Powers. My guess is that their judgment will be clouded by the more emotional issue of immigration.

    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/8629098317507537197-8318558763551200610?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2010/07/arizona-and-justice-department-on.html)



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  • theenlightened1
    06-03 06:12 AM
    Hi all!

    I've been trying to get a job offer from Canada for the past one year as my occupation is not on the list of occupations that have shortage. I'm a market research analyst and work online with a UK company for almost 3 years. I would love to move to Canada and have a real job and family but am at a stage where I do not know what else to do as the companies want you to be present in Canada and Canadian govt asks for a job offer to get a visa?

    Very confused here. If someone got an arranged offer from Canada could you please guide on how much work experience you had and how you got an offer?

    Thanks!




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  • vban2007
    05-22 03:57 PM
    AP is not expired, submitted for renewal



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  • sarahbtobe
    06-25 05:14 PM
    He can have both types of permanent residence pending at the same time - marriage-based and employment-based. This is very common. The marriage-based filing will probably be approved sooner than the other, because priority dates are so backlogged now.
    That is wonderful news, Elaine, thanks so much for the fast reply! We are actually in the DFW area, so if we need a lawyer for this 2nd application, I'll remember your name!




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  • satyakb
    08-13 03:20 PM
    My experience at IAD was same as explained above (June/06/2010) . .

    I entered in AOS - EB3 - India.

    During secondary session, I was asked lot of questions regarding my existing employer / earlier employer, also there were questions which were related to my 2006 employer too and tax filings of 2006 year too.

    Overall with complete patience, managed to come into the country with approval after 4 hours.




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  • Eli2007
    09-25 02:11 AM
    thanks gcwaiting!!! I was so worried, my attorney told me that I onlyhad 45 days, maybe he wanted his payment in 45 days......
    This is to complicated and INS take a lot of time to respond....By the way do you know aproximately how long will take to receive the I-140 approval? And if there is a chance to receive a DENIED notice? I'm so wooried about all this process and alo because I don't have the best attorney in th all world, and sometimes I don't know what to do...I'm learning a lot fom this forums. Thanks Again....




    eastindia
    05-07 03:05 PM
    Porting is so common now.




    gcwait2007
    12-27 05:46 PM
    Mine is at Nebraska

    My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.

    I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.

    Please keep us updated.



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  • Lisap
    08-25 12:03 PM
    Thank you- I am still trying to figure out what all the terms are.... I appreciate your response!




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  • denver
    07-25 11:42 AM
    Friend of mine, asked me the below question, any one can Help?

    I got my H1-B visa stamped in the month of Feb 2007 from US consulate in chennai. I have not yet travelled on that visa, so I am wondering whether the same visa is still valid, as someone told me that if you don't travel on a visa for 6 months after stamping, it gets expired.

    TIA,




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  • World of Warcraft Developers


  • zilmax007
    08-07 01:05 PM
    You can use this US Consulate package service here, but it is expensive:

    www.sandiegoleisure.com




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  • Blog Feeds
    09-14 05:20 AM
    The U.S. Department of State has recently announced that the online registration period for the Diversity Visa Lottery Program for Fiscal Year 2012 (DV-2012) will be from October 5, 2010 until November 3, 2010.

    The official online application form is available only on the Department of State Diversity Visa online entry website at www.dvlottery.state.gov (http://immigrationvoice.org/forum/www.dvlottery.state.gov), which will be accessible on the first day of the registration period. The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. For DV-2012, no countries have been added or removed from the previous year�s list of eligible countries.

    If you are chosen as a lottery winner, an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.




    More... (http://www.visalawyerblog.com/2010/09/dv2011_green_card_lottery_dept.html)



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  • gcfriend65
    12-18 09:18 AM
    Gurus, please help. Can anybody throw some light on why my LUD has changed on I-485. Could it be because of name clearance.




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  • bhartigorkar
    08-19 05:53 PM
    Thanks for your help.I will try your solution. :)



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  • edaltsis
    10-14 07:42 PM
    Don't have to mentioned N/A in each and every field. You can just leave them blank, it wont be an issue.




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  • waitin_toolong
    07-24 09:02 PM
    you dont need to send an amendment or anything else, when she applies for COS they can track it.



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  • chantu
    04-27 02:19 PM
    I have one question?

    What if my employer cancels I140 and I don't have any other job on my hand? This can be a possibility for me in near future. I am searching for a new job and my employer is going to cancel I140.

    Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?

    Thanks in advance.




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  • ektha123
    12-07 02:12 PM
    Hi
    my wife has got H1 this year and
    she wants to transfer to H4 as she got Ead and she
    wants to use EAD .and still we didnt get AP.she wants
    to leave to india in jan she dont have stamp in her
    passport

    if we apply now for the conversion of H1 to H4 can
    she leave to india now and can i send that approval
    letter to india then she goes to stamping in india.
    is it possible. please suggest me



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  • quot;World of WarCraft: Cataclysmquot;


  • onemorecame
    02-23 12:25 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    Service Center Proc Times 02/20/09 Update
    NSC EB-485 Proc Time = 4 Month!?!

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    is it mean something? is anybody got Soft LUD in thier case?




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  • maheshf
    08-15 04:53 PM
    Thanks..my understanding was..i am not Abondoning H! unless i use EAD for my new employment.

    Not sure though. I will be working for new emplyer not the one that applied for GC.



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  • H1B-GC
    06-24 03:10 PM
    ^^^ Please!!




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  • geemail
    03-17 12:31 AM
    Just joined the chapter. How many people do we have here in NM chapter? Where do people live?



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  • ca_immigrant
    02-06 01:03 PM
    Thanks, today I got the I131 approval notice .




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  • needhelp!
    10-16 01:07 PM
    second that!



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  • rsdang
    01-07 11:42 AM
    My wife had that stamped in blank passport an year and half back and had no issues...

    She had all the documents

    Copy of
    my 797
    my passport
    my H1B visa
    Proof of marriage
    Letter from me stating I will support her and that she will live with me in US
    My bank statements (last 3 months)
    A letter of support from my employer

    nothing else comes to mind at this time... All the best. Nothing to worry about.




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  • sc09876
    07-29 09:55 AM
    Hi,

    Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
    I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.

    Thanks, dbn

    To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.




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  • EAD
    01-28 07:29 PM
    Hi Guys,

    How important is NAICS code. Can someone has same SOC code but diffrent NAICS code can interchange . I read only SOC codes, discription and wages matter.Is it true.

    Thanks




    Photo Chef
    May 18th, 2007, 11:05 AM
    I guess tricks isnt the best word to use, i have had photo courses, and have had the rule of thirds pounded into my head by many a teacher ;)

    I'm more interested in the shortcuts and other features of the camera and settings. I know the basics of taking a good photo, but have a lot more practice.




    roseball
    04-13 12:47 PM
    Last year I sent both the ITIN form and 1040 to the ITIN address. Once the ITIN is processed, they will update your 1040 with the ITIN number and forward it to the respective department for processing. I got my refund back after 8 weeks. Since I am in Texas I didnt have to file for state taxes..So not sure about the state tax filing part....



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  • ravi98
    11-01 11:26 AM
    Visas (http://ukinusa.fco.gov.uk/en/visiting-uk/visas/)
    Transit - visa application guide (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf20transit)
    Visa and Direct Airside Transit Visa (DATV) nationals (http://www.ukvisas.gov.uk/en/doineedvisa/visadatvnationals)




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  • villamonte6100
    07-14 11:50 PM
    Thank for this reply. I also learned something here.




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  • the voice contestants


  • abhishek101
    08-30 05:34 PM
    I work for a Fortune 10 company ( I am FTE there) and have been working with them since 2001. Got my 4th 3 year H1b Extension in 2009.

    I had the visit from USCIS officer few months back, she said that is it Random. She asked routine questions. In our company we have two titles a corporate title and a working title (one for industry and one for job) she was very understanding about that difference. She asked me for a salary slip, address for my HR and some routine questions for my job.

    I did talk to my lawyer after that and she said that she has started hearing about that for our company and it is ok. It is nearly 3 months since then and I have not heard anything so I assume everything is ok.

    Don't worry I was very unsetled to see the USCIS and it did take me few days to get over it, but everything should be ok.




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  • vikramy
    02-14 12:29 PM
    Hello All,

    I applied EAD for my wife in Dec Last Week. Case is still pending with USCIS. I have to move to a different state due to job change. I have put a forwarding adress with USPS. All my mail are getting forwarded.

    My question is if EAD is approved will it also get forwarded to my new address as other mail or do i need to submit a change of address with USCIS.

    Did any one faced this situatin before? Please advice and share your experiences.

    Regards
    Vikram



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  • #39;The Voice#39;: Contestants


  • vss
    11-20 01:53 PM
    what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?




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  • vicente
    10-11 11:22 PM
    What I was wondering was that, since BOTH F-1 and TN are non dual-intent visas, would they allow people to hold both of them at the same time? So that I can study during the school year, and work in the same area in the summer instead of having to go back home to support myself.

    - Vincent



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  • raju3g
    06-22 03:42 PM
    receipt number will remain the same




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  • bakara
    09-08 12:07 PM
    Hi,
    DOB was entered incorrect while renewing EAD. EAD got approved but now I want to send it back to correct the mistake I did. So, I guess my question is - When I send my EAD back with the application for Replacement, do I need to pay the fee for EAD again?
    Your help will be appreciated.



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  • GotGC??
    06-22 05:18 PM
    Folks,

    The "Time as Resident in a USCIS District" clause in the naturalization process says that "Most people must live in the USCIS District or State in which they are applying for at least 3 months before applying".

    If you have gone thru this process could you please tell if this means that
    a. the person must have stayed for at least 3 months during any time during of the residency period to be eligible to apply in that district

    OR,

    b. the person must live in the district for at least 3 months immediately preceding the naturalization application (for example, if applying in July 2010 then must be present in that state/district at least since Apr 2010)

    The reason I'm asking is that I know people who live in India after GC and then come return to get citizenship...so wondering how it worked...




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  • gparr
    May 6th, 2005, 09:22 AM
    ...and i see an emerging tarantula! So much for the Rorschak test! :)
    Queen, it's good to know you're still receiving treatment for your condition. ;)
    Gary



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  • the voice contestants


  • ChainReaction
    09-06 10:17 AM
    This if u sent your packet by US postal mail . Fedex and other courier dont deliver to PO boxes . There is another street address for other courier.

    Thanks Milind70 for the reply , yes I did use USPS because the the IO told me to send my 485 package to the address shown on I140 receipt and Fedex does not deliver mail at P.O box. I am wondering if the P.O Box address is right and should i wait for 90 days or call them based on Lockbox receipting update bec as per Aug10th release TSC shows done receipting till June 28th? Is there a way to inquire regarding my application?




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  • Blog Feeds
    03-03 11:40 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    When the Senate advanced the job-creation bill last week, employers were given the signal that hiring tax incentives are on the horizon. Perhaps in a nod to the Administration's No. 1 priority of creating jobs for unemployed Americans, the USCIS has just announced a forum on the EB-5 immigrant investor program. In the last year, and as recently as December 2009 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60a RCRD), the USCIS issued updated guidance on I-526 and I-829 filings (http://www.uscis.gov/files/nativedocuments/eb5_17jun09.pdf) so that USCIS adjudications could make decisions with clarity and consistency, allowing investors to make job creation through the EB-5 program a reality soon as possible. These are all indications that this is the time for foreign investors to again bring private enterprise to our great nation.

    The upcoming USCIS EB-5 forum is only open to attorneys representing these so-called "million dollar investors." Fong & Chun attorneys will be in attendance and ready to present concerns facing our clients as well as potential issues for those investors considering the EB-5 program.

    It is true that the EB-5 investors greencard process is often called "hypertechnical," and has in the past been plagued by administrative delay and inconsistent treatment. But I believe that the view of recent USCIS' actions, the agency is acknowledging just how critical the EB-5 investors program is to our nation's economic recovery. For each EB-5 investment, 10 full-time jobs must be created, and that means 10 more working Americans. Call Fong & Chun, LLP if you would like to discuss how you can start investing in America. ---ecf









    More... (http://www.immigrationvisaattorneyblog.com/2010/03/job-creation-options-for-forei.html)



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  • jayaprabha
    07-27 12:02 AM
    Hi

    I lost my job in January and since I was not able to get a new project. So, returned back to India in May'09. My AP was valid till 21-July-2009. I did not file for extension while in US.

    Now, I am getting a job in US and the employer is asking if I could join immdiately. Please let me know:

    1. If there is any option for me to renew my AP from India?
    2. Any other options, since my H1B got expired (6 years) in May'09.

    Note: My EAD is valid till June 2010.

    Thanks for your help.




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  • gxr
    11-06 08:59 AM
    I just wanted to confirm that "Document mailed to applicant" on I-131 means that the AP is approved. Can someone who saw a similar message please share their experience?

    gxr



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  • pappu
    12-07 09:25 AM
    IV communicates with other organizations and other orgs do the same with us.




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  • JazzByTheBay
    12-13 05:34 PM
    It'd be great to get some more IVians to express their opinions/ideas and vote on this thread:
    http://immigrationvoice.org/forum/showthread.php?p=205773#post205773

    The idea being bounced around is whether IV should be made an organization funded by membership dues, and benefits provided to members only.

    The benefits:
    - Logistics: Members identified/verified, not anonymous
    - Communication: Improved one-to-one communication rather than hunting for information in forums. Perhaps even a newsletter updating you on what's going on, what's being planned, what are the activities.. and action items.
    - Funding: Sustainable funding for lobbying efforts, media relations, etc.
    - Live Nag-Free! No one asks you what you've contributed in every second post, you don't have to wear the ID tag of your contribution amount around your neck to prevent such questions
    - Community: Be part of a community with a national presence, with local chapters.
    - Legal advice: Get free legal advice in monthly/quarterly/periodic conf calls/webinars
    - Jobs: Job postings or referrals on IV members-only site
    - Business opportunities: Come together with other IV members to explore common business opportunities
    - Myriad other benefits that memberships in professional organizations come with, such as travel discounts for instance.

    The down-side:
    - We may lose about half of our "members"
    - Others???

    Voice your opinions, share your ideas, and vote FOR or AGAINST this proposal here... :
    http://immigrationvoice.org/forum/showthread.php?p=205773#post205773

    PLEASE DON'T LEAVE COMMENTS ON THIS POST...

    cheers!
    jazz



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  • morchu
    05-27 06:56 PM
    What I understand is that, your spouse can apply for H1, but not "change of status" while on EAD/adjustee. The establishment of H1 status for your spouse is possible only via an entry using H1 visa.

    So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.

    Anyway, it may not worth all this pain, since she can continue using EAD.

    Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?




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  • marcus12
    01-29 08:33 PM
    Hello Guys

    These forum is great

    I have a question. I have a student visa now from last 4 years and before these student visa I started a small business in India. i didnt expected it to grow much but now it has grown. I have used money from that business for my 2nd MS which is not completed yet

    Here is the problem
    I am getting married in May. Till May I can stay here legally but than once I leave and get married I want to come with my Wife. So I have 3 options

    She apply alone for visitor visa ( chances are less for these)
    She come as dependent ( I dont have any income here or any source of income from college)
    I leave my student visa and we both apply for visitor visa. These option has a lot of risk but its the best I am thinking as I am not interested in going to college anymore

    What you think which route I should take?




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  • kannan_28
    08-03 01:18 PM
    Hello Friends,

    I am a new member and i am planning to join company. How long will take to tranfer visa from AAA to BBB? and one more doubt, is there any limitation to file Labour because i haven't file labour by current company. my new company may be filling my labour would take 3 to 4 months. is that making any problem to file labour after few months?

    please clarify my doubts.

    thanks,
    kannan.




    reachinus
    07-21 11:36 AM
    am I in Status or Out of Status?




    Desi Unlucky
    09-14 10:57 PM
    I applied for I 485 , AP and EAD during 07 July. I got a fp notice back in 2007 and I got another one two weeks ago. I went ahead and did my bio-metrics over the weekend at TSC Application Support Center.

    Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?

    Please advice!

    I do not know. I got a notice too. Due for Biometrics this month end.