четверг, 30 июня 2011 г.

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  • s416504
    11-04 10:57 AM
    Does any one knows if I485 pending people (180Plus Days) eligible for State Unemployment Benefits?




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  • bestia
    12-27 10:35 PM
    Hey all,

    I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?

    If so which ones?

    They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?


    Plz help.

    You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.




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  • sushilup
    07-17 01:53 PM
    Hi,

    I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.

    Current Imiigration status:
    Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
    Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
    Have approved H1B for company-A since dec 2010 and stamped in passport.

    My questions:
    1- If 485 get denied, can I go to company-A and start working on approved H1B
    2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.

    Thank you.
    Sushil




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  • beautifulMind
    11-25 05:36 PM
    The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through



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  • desi3933
    04-02 08:44 AM
    Gurus,
    I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.

    My GC is in process and not filed my I-485 yet.

    Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback

    Thanks

    No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.

    Time spent on H4 or L2 does not count towards 6 years for H-1B.

    As per 8 CFR 214.2(h) (13) (i) (B)
    When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad



    ________________
    Not a legal advice.




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  • Leo07
    01-18 12:29 PM
    I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:

    Please forgive me if it's offending to anyone:
    February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)



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  • wisley
    10-24 01:03 PM
    :D

    As per Section 201 of the Immigration and Nationality Act, out of 114,200 visas for 2nd Preference, 89,000 reserved visa numbers has been allocated to F2A and the rest something around 26,600 visas has been reserved to allocate to F2B. But now, in previous year F2A jumps over 4 years� gap and only then they could achieved their quota and who knows there could be a probability of wastage or unused numbers as well. Anyways it will be an advantage for F2B�s because in 2011 they have 89,000 stock again to complete the required given numbers and any body in a world can guess right now after seeing the result of 2010 that it will become current soon. All I wanna say that there could be a tremendous amount of unused visas will gonna distributed among the preceding categories in which they will distribute those unused numbers to preceding categories. Where the maximum will be allocated to F2Bs and rest two: F3 and F4 could also enjoy this unused numbers in a discrete sequence. This process is known as �Spillover�, I have mentioned below the link of USCIS Blog site(Beacon)u guys can go and check it out.

    http://blog.uscis.go...sa-numbers.html

    the bottom line ........... i think in the next couple of months will see much moving in the visa bulletin not happen ever




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  • Lasantha
    10-12 02:52 PM
    I just got my labor approved for Masters degree and 3 years exp.

    I have 3 years B.Sc degree and 3 years MCA degree from India and my education eval. shows it as equivalent to MS in computer Science.

    In form ETA 750, under section 14, I have following data

    College degree required:
    Master of Science

    Major field of study
    Comp Sci/Engg,Info Sys Engg

    Experience
    3 years

    Other fields under section 14 and 15 are blank.

    RIR Advertisement has mentioned following
    " Must have MS in Computer Science or Engineering, Information Systems Engineering or foreign degree equivalent with 3 years of relevant work experience."

    I am little confused about "College degree required:" field. It only says "Master of Science". Should it be "Master of Science Or foreign equivalent"?
    Edit/Delete Message

    I don't want to scare you, but I think the words "or foreign equivelant" is required unless you have a US degree.

    Please speak to your attorney about this.



    ( Experts plaese correct me if I am wrong)



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  • waiting4gc02
    02-20 07:42 AM
    Guys:
    I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.

    a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
    Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?

    b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).

    What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?

    Thanks




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  • TeddyKoochu
    05-23 05:08 PM
    Hi,
    Visa Interview: Que on Permission to enter New Delhi Embassy for 2 yr 3 months old Son

    I am working in USA. I am planning to travel to India next month and require to apply for USA Visa interview.

    I have 2 years and 3 months old younger Son who is born in USA and is a American Citizen holding American Passport.

    Could you please shar exp. if he will be allowed to be with us during our Visa Interview in New Delhi Embassy. if Yes. pls let me know if there is any requirement for his entry inside the New Delhi Embassy.

    Appreciate your reply in this regard.

    thx
    Amolraj

    They will allow you to carry your kids for the visa appointment. In fact you will get preferential treatment in the sense that you get a higher priority token fort he actual appointment and the VO maybe more sympathetic to your case. Iam quoting this from my own experience in late 2009 having my daughter who was 1 year and 3 months actually helped our cause we were out of the embassy in 30 minutes while there were people who waited for hours.



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  • p_kumar
    07-19 03:25 PM
    How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:




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  • optimist
    03-16 03:08 PM
    Thanks for the reply.
    1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
    --This should not be a problem, since the H1-B is a dual-intent visa

    2. Is H1-B extension based on I-140 possible when not in US?
    --Yes. Moreover, if you are in India for a year or more, your 6-year clock starts again.


    HTH.



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  • AllIzzWell
    03-22 10:01 AM
    Vijaysammeta,

    I am using the regular link that is on the website. The below is the link.

    The DS-160 is located at http://ceac.state.gov/genniv/

    can anyone please confirm that we can fill the DS160 without the photograph? The application allowed me to fill in the app without photograph. Moreover I have booked an appointment for my wife's visa stamping.

    Thanks




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  • enqueued
    11-09 10:38 PM
    We did it twice and never was asked for w2. Just recent pay stubs will do. Just have all of them - if asked.

    My wife came here on h4 then got her h1, got it stamped. worked for two years. Went back to h4 for couple of years when we had our baby. Got h1 and stamped again. All we submitted were just the required (listed documents in the site).

    Hope this helps.

    Thanks



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  • Navkcl
    06-22 11:49 AM
    Thanks for the advise ...




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  • DSLStart
    09-22 09:14 AM
    sit back and relax for 5 years and don't get involved in any crime ;-)
    I recently got my gc. Is there anything I need to do to initiate my Citizenship process ?

    Thanks,
    theOne



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  • Jaime
    04-09 06:37 PM
    http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/

    This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward




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  • Ann Ruben
    06-30 07:00 PM
    Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.




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  • sanju_dba
    11-10 03:10 PM
    waiting for some IVan with tareek clip

    it was about remembering just my Birthday date... now..

    PD Date
    VB Date
    EAD expiry date
    H1B expiry date ( ETA9035E date,reciept date,approval date )
    if you have vacation , then POE date .
    I94 date,
    ... any thing else to add ?




    itkris
    12-10 04:29 PM
    Thanks a bunch for your response. I'm not planning on getting my GC. - will be leaving this country when my H1 term ends. my passport is expiring and i would really like a renewed passport with a valid correct name - just dont want to keep making mistakes over and over again. How difficult is it getting an I-797 after changing the name on the passport. should i file the "action on a petition (I-824?)" or amendment to H1?

    Thanks in advance for your advice.




    08OCT2008
    08-24 12:24 PM
    I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.

    Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.



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