суббота, 25 июня 2011 г.

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  • SeanDell
    06-02 09:29 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.

    Hi......Can any of the lawyers please shed some light on this?




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  • smartboy75
    10-01 06:11 PM
    Anybody ..any replies ??




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  • Coppertop
    10-13 11:54 AM
    5 days left! Someone needs to break the tie!




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  • sk.aggarwal
    05-22 11:26 PM
    This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.

    BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...



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  • coolblues
    08-14 08:01 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance




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  • n4nature
    02-05 01:25 PM
    Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.

    Thanks for this answer!!!



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  • mhkumar
    07-21 11:36 AM
    Hello All,
    Employer A filed my I-140 and it was approved. They refused to provide me the approval notice but provided me the receipt#.
    Later I moved to company B. Now company B is starting my green card process.
    They said I can port my priority date If I have the I-140 approval notice.
    My questions are
    1) Is it possible to request USCIS a duplicate copy of my I-140 approval notice
    using either g-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
    2) I don't know whether or not employer A revoked my I-140. Can I used it
    to port priority date even if my I-140 is revoked?

    Thanks in advance.




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  • GlobalCitizen
    08-21 03:40 PM
    I have the similar situation, worrying about not getting receipt before expiration date. I called USCIS, the lady told me that as long as I filed before the expiration day, I'm okay to work. If someone else could call USCIS, get different people answer this question, and confirm this, that will be helpful.

    What number Would I call? 1-800-375-5283 is just messages



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  • gconmymind
    01-15 04:02 PM
    8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!

    Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
    You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...




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  • JunRN
    07-18 08:59 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.



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  • ajay_hyd
    06-21 02:50 PM
    bob, i had no RFE's on my case.




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  • saji007
    05-02 02:50 PM
    1. New employer while filing for H1 Transfer will get 3 year
    2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485



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  • sparky_jones
    03-23 03:12 PM
    bump




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  • arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A



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  • rbharol
    08-24 12:18 PM
    Master's and higher, outside US has to be in the STEM fields to qualify.
    Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.




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  • ksvreg
    09-01 04:55 PM
    Looks like preadjudication of pending cases working nice and fast as soon as dates are available. Keep it up. (to the system :))



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  • reddymjm
    12-30 09:52 AM
    http://www.usdoj.gov/oip/foi-act.htm
    you should be able to get a copy of ur i140.




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  • solaris27
    10-15 09:21 AM
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?

    It depends what you want to use if you use H1B then till Jan 08 and if EAD then sep 08

    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?

    No




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  • redcard
    10-05 08:29 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...




    visves
    12-20 12:03 PM
    I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.


    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.




    cinqsit
    02-26 02:41 PM
    Hi

    According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
    that you contact the ombudsman. You never know whats going to click in the end.

    Best

    cinqsit



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