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  • GCBy3000
    07-25 06:02 PM
    Are you in consulting business. Technically you are supposed to work at the location where you have filed your LC. If you had filed prior to PERM, then you may be fortunate because pre-PREM there was a textarea where the employer could explain about where the beneficary would work. Consulting firms filled out this column in such a way that you could work anywhere in US, but your head office is xxxx. If this is the case then you should not have problems other than filling our AR-11 and sending it to DHS / USCIS.

    If it is after PERM, then you do not have any options. I am not sure how consuting firms handle this situation.

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  • Ann Ruben
    10-22 12:39 PM
    I agree that an error in name order on an EAD is not likely to cause any major problems. However, You can apply for a replacement card by filing another I-765. If the error on the EAD is due to a USCIS mistake, no fee is required. However, if you caused the error by providing incorrect information, then you will have to pay the full $340 filing fee again.

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  • irrational
    01-29 06:54 PM
    My dad's own brother is a U.S citizen. I am here on a H-1B

    My dad wants to visit the U.S. Who would be better to sponsor him ?

    Me or his brother ?

    Also, if his brother sponsors him, would the consulate ask why are you not using your son's papers ?

    Any help is appreciated.


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  • wc_user
    07-21 01:47 PM

    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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  • sivananda
    03-31 01:58 PM
    How long will it take to get the receipt number when we apply for H-1 extension? And how long will it take to get the decision?

    I am assuming when I have the receipt number, I can be considered to be in legal status and keep working with my present employer though I-94 is expired.

    Please help with your answers/suggestions.

    Thanks a lot.

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  • arnet
    08-22 07:11 PM
    not sure about I-140, i think it should be ok to mention your spouse name but check with your immigration lawyer about this.

    NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..

    Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.

    I am on H1-B, and about to apply for I140.
    My wife has recently got a F1 visa (and her H4 visa has been left valid).
    I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

    Thanks in advance,



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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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  • h1b6years
    04-28 07:08 PM
    Assuming you meet the requirements for E visa status as an employee and not an owner of the company, this is a viable strategy.
    Thank you for your prompt reply. I'm not the owner of the Company. I just whished I didn't have to leave the Country to get another Visa.


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  • oldguynewguy
    02-11 01:37 PM
    I am currently on H-1B and filed for Adjustment of Status. I filed my I-485, AP, & EAD in August 2007. I got my EAD and AP in 2007 and it expired last year as well. I did not use the AP. I am with the same employer that filed my green card application. I am continuing on H-1B and did not use EAD.

    My H-1B is valid till April 2010. I have not applied for the extension of my EAD & AP. The H-1B stamp on my passport expired in August, 2007. Also, my passport is valid till October 2009. My wife is on H-4 and the visa stamp on her passport also expired in August 2007. Her H-4 is also valid till April 2010. I am planning a trip to India in the coming month.

    I wanted to know the process for my travel to India at this time on H status. Should I follow the standard procedure to file for H-1B renewal stamping at Indian embassy in India. Do I need to apply for passport renewal now since I have 8 months before it expires. Is it true that now it takes 4 work days to get the visa stamp in Canada.

    Your help in answering this would be really appreciated.


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  • amerengla
    08-24 01:25 PM
    I came over here just over 5 years ago on a fiancee visa, with my daughter who was 7yrs old at the time, married my now husband, and went through the Greencard process, and finally got my 10 yr Greencard about a year ago. Everything has been fine up till now, but 3 weeks ago I discovered that my husband had been sexually molesting my daughter for the previous 2 weeks, she is now 12 yrs old!
    I got out of the home immediately and have been staying with freinds for the last 3 weeks. We reported this to the police and have been interviewed by them, DCF, and she has given a taped interview to the Child Protection Team, and now we are waiting to find out where we go from here!
    I have never worked since I arrived here, as he needed me at home with my daughter and his 2 children who he had custody of. So I am now homeless, pennyless, because he has cut me off from everything, and in dispair as to where to go from here.
    My family in the UK just want to to return home immediately, but if I do I may jeapordise my case, and will probably be brought back to testify anyway in the coming months!
    Any advice anyone?

    I live in Jacksonville Florida.


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  • martinvisalaw
    02-09 10:02 AM
    1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.

    Yes, this should be possible assuming your priority date is still backlogged. If not, you can at least get the unused part of your 6 years.

    2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ? I have copy of the H1B approval but not sure if it has been revoked.

    I think I just answered this above.

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  • Templarian
    10-06 09:50 AM
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  • inskrish
    02-12 07:02 PM
    Hi all,

    Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......

    Thank you in Advance..



    Check here for the procedures to renew you son's passport: New Document (http://www.cgihouston.org/PassportMinor.html). I assume your son is an Indian citizen.

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  • james_bond_007
    03-25 08:18 PM
    Your case is with TSC or NSC ? . TSC online system has been down for over 2 months now ( no updates after 2/10/09 ).


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  • sameer2730
    06-29 08:01 AM

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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.



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  • spider2272
    07-28 06:51 PM
    Hi IV Gurus,

    My Attorney filed my EAD application with invalid A# number in May,08 and my EAD got approved in July,08 with Invalid A# number. While going through my EAD card, I found invalid A# number on my EAD Card.

    I sent a email to attorney regarding this one and he says that they filed EAD with invalid A# number and USCIS approved the EAD with Invalid A# number.It should not be an issue and the only way to �fix� this would be to file a new I-765 application and get a new EAD. It is certainly not an issue for employment eligibility at your current company".

    Attorney also saying that they can file new EAD, but he needs send my Original EAD card along with the application.

    My Questions are
    1).Do I need send my Original EAD along with new EAD application ? Can I file with new EAD application with photo copy of my current EAD ?
    2). Can I keep my current EAD (with Invalid A# Number on it) and apply next re-newel period with correct A# Number?
    3).If I leave the country, while coming back at Port Of Entry do I see any problem? My I-485 and AP with valid A# Number and EAD with Invalid A# Number..
    4).Do I see any issue, if I switch job with current EAD with Invalid A# Number?

    Please give your suggestions.


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  • Robert Kumar
    12-04 10:30 AM

    1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
    2. Any issues with getting appointment dates.
    3. I have all the documentation in place including pay stubs in the last 8 years.
    4. Is it preferable to get stamping done in Canada than in Hyderabad,
    5. How many days does it take to get the passport back.

    Please share me your experiences,

    Thank you,

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  • gcpool
    04-28 02:54 PM
    I agree with you that you need to go with lawyers who are really specialized in immigration especially when the case is complicated.

    I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.

    So get the best out there. It may be expensive but if it fixes your case its worth it.

    06-19 08:50 PM
    Hello Sameer,

    Yes it does.

    08-23 02:42 PM
    Where : Redmond Regional Library, Meeting Room 1
    Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)

    When : Aug 25th 2009 7:30 to 8:30 pm
    Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration

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