Thursday, June 9, 2011

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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.




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  • immiguy
    07-20 04:47 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.
    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?




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  • kicca
    01-25 10:49 AM
    ^^^




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  • satishku_2000
    02-21 02:34 PM
    In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...

    That sounds like a very good movement and unbeleivable...



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  • nixstor
    12-01 05:19 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.




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  • Lisap
    02-25 02:18 PM
    Hello All,

    I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!



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  • dummgelauft
    09-23 08:38 AM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....

    Just wait a couple of yeard for the things to improve a bit, "American Workers" will go right back to getting high on borrowed money, spending money that they don't have...this will all go away. Then, the focus will be..i don't know.....buying "stuff".

    Plus, other countries are not sleeping any more. America started the outsourcing model and now, the hitherto underdeveloped economies have expanded their own industrial base and middle class. WHile US protectionism might hurt them in the short run, but they are much better prepared than they were, only a few years ago.

    Druecken die daumen!!




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  • kish006
    12-27 09:13 AM
    I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....

    Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).



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  • tamil12
    10-15 02:04 PM
    I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.




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  • smartboy75
    07-09 12:14 PM
    is'nt an Advanced parol document a re-entry permit ???



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  • rock945
    02-21 12:21 PM
    that is for last month updated jan 17,2007 not for feb?
    Now it is updated for Feb.




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  • NKR
    04-15 08:50 PM
    Congratulations, I am happy for you.



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  • myeb2gc
    02-24 02:38 PM
    Hi , My 140 is cleared. But my consulting company is smaller. I am in search of job, some marketing companys were asking me to change employer..... confused whether to stick with my employer OR change to a new employer.




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  • my2cents
    08-05 11:36 AM
    Time and again - there are confilicting opinion from attorneys.

    My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.

    People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.

    If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.

    Thanks



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  • vnsriv
    08-14 04:17 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.




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  • tinku01
    07-15 03:10 PM
    MY PD is June 2004 at Delhi consulate. Lets see what happens. Hey any one could update about PCC (Police Clearance Certificate). if my date becomes current in Aug then would not have time to go to any US consulate to get the PCC.

    In this case how we should get the PCC for consular processing:cool:



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  • BharatPremi
    07-15 11:11 PM
    Guys,

    Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.

    - BharatPremi




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  • gc_wow
    10-25 11:32 PM
    I would like to see the new inventory of pending 485s after the september approvals, I am not sure when uscis would release such information.




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  • glosrfc
    12-11 10:22 AM
    Well done Temp (and the other two guys)




    jvs_annapurna
    04-12 03:13 PM
    Ya, it is my first extension

    sent RFE asking that Client letter on the original letter head.
    which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.

    But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.

    but I know the clock started from 31st march am in out of status.




    will i able wipe out out of status as it effect in future ?

    does MTR works or do I need to the appeal ?

    What are chances of my transfer ?


    Please gurus advise?

    Thanks
    jvs




    bigsky
    10-17 06:43 PM
    I received a letter from BEC and it says
    This Notice of Findings is the Department�s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?



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