Tuesday, June 14, 2011

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  • Mount Soche
    11-27 09:19 AM
    hi, i sent you a private message..
    good luck

    Hello,

    My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
    Receipt date = 03-Aug-2007
    Notice Date = 12-Oct-2007

    On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

    For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
    Is it really true.

    This is really urgent since I stand to lose out big time on an excellent job offer.

    What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
    Thanks.





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  • rrk
    03-18 11:48 AM
    If I work on EAD for company XYZ then will I loose my H1B with company ABC?

    If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
    Otherwise you have no other option than using EAD.





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  • rameshvaid
    08-16 12:40 PM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.

    You might be right but my son is with me as of today on the same old B1. H1 might be a different scenario.





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  • jonty_11
    07-31 03:50 PM
    Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
    Is there a way? Please help me please. Thank you
    This is a subjective ques....depends on ur relations with ur employer...
    Try cajoling them..if its pop-shop consulting firm , he wont budge...

    Try asking other employees...if their's was filed and if they got an yhconfirmation?



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  • martinvisalaw
    07-19 11:37 AM
    Hi,
    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory?

    Also what's the general processing time for H1 Extension.I mean how many days does it take.

    You don't need anything regarding international travel except the copy I-94 that you got when you returned to the US, and the visa and entry stamp in your passport.

    H-1B extensions take a few months, depending on which service center is used. if the company pays for premium processing, it guarantees a decision in 15 days.





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  • yabadaba
    07-22 12:33 PM
    It is a bit early. No checks will be cleared except the legal fee checks. :)
    Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.

    they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away



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  • lacchij
    11-06 11:03 PM
    My AP status was changed to Document mailed on 10/29 but i didn't receive anything yet. Heard that Lawyer would be receiving them if you have signed G28.

    Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.

    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • mikrupee
    05-02 11:58 AM
    I am in similar situation.
    I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.

    I am thinking to change cannot continue hoping for GC and EAD

    Take advice from Laywer



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  • IAspire
    02-21 10:17 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.





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  • desi485
    11-10 07:49 PM
    I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.



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  • harivenkat
    05-17 02:36 PM
    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.





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  • meridiani.planum
    05-05 12:26 AM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?

    rejected. Meaning they will return it with your filing fees:

    http://www.immigration-law.com/Archive%20XVI.html
    02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD

    * We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees



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  • RDB
    12-21 11:03 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh





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  • rb_248
    08-19 03:30 PM
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


    --------------------------------
    EB2- India/
    PD: June 2004
    RD; July 1 2007

    rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.

    Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.

    It looks like they are looking for an authentic document showing son's and parent's names.

    Gurus, what do you all think ?



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  • bluekayal
    11-02 01:57 PM
    Try Mathew Chacko at the office of Rajiv Khanna. He's great at strategizing. I've had several conversations with him. I still email him occasionally..lets say we are country-cousins!





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  • Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Thanks



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  • hariswaminathan
    11-20 04:06 PM
    1) No.
    2) Other then an Emergency you can't expedite.
    3) If you are currently on H1, then she can enter on H4.
    4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.


    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.





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  • franklin
    07-21 03:08 PM
    Please close this thread, there are multiple versions of this.





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  • prdgl
    02-12 09:33 PM
    Hi,

    Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.

    Thanks





    svgupta
    05-24 01:16 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne

    Kudos!... go ahead and update your signature.... and inspire others as well!





    qplearn
    12-03 12:45 PM
    I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!

    Wonder how you jump into that conclusion about red tape. If you are frustrated with the red tape, that doesn't mean we are causing it. Also, there are several charity organizations that may have suggestions for you.



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