12 Haziran 2011 Pazar

erin wasson blog

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  • sam_hoosier
    02-06 04:22 PM
    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...

    You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.

    But both H1 & H4 visa holders would need new approvals (I-797s).




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  • sunny1000
    03-28 07:49 PM
    Hi,

    I have contributed a few hundred dollars in the past to IV. I am not in a position to do it now. But, will do again in the future.

    My question is, will my previous donations entitle me a DONOR status?

    Please let me know.

    Thanks.


    Thanks fr your support to Immigration voice

    In order for us to encourage people to contrbute we started the donor system. We are encouraging people to contribute 25 dollar per month to subscribe. If they pay more say- 100, then it will give them subscription for 4 months.

    we have just started this system and hope to fine tune and improve and also provide more services to all our members.

    We are trying not to include past contributions because it will get tough for us to get future contributions that we can invest in IV for all future and current initiatives.
    fyi -from my PM




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  • Sakthisagar
    03-12 02:12 PM
    For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.

    Now, Please tell us what is the next step??




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  • krishnam70
    03-23 07:51 PM
    Hi,
    We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
    Amar

    Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.

    BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$

    - cheers
    kris



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  • sab
    08-19 08:59 PM
    Based on experience on waiting time of recently approved EAD's, on an average how long does it take to renew the EAD.
    Thanks
    Sab




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  • ragnarok
    07-19 11:45 PM
    The current status of the case is said on my first post.

    The case did change numerous times.



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  • xyzqwer
    01-22 02:47 PM
    I'm planning on applying for a new H1B, but the quota is almost over and there is a risk that I might get rejected again since its the same employer.

    I wanted to know if I should apply for CP while in India, since my priority date is current.

    Anyone know the CP timeline and how long it would take to finally get the GC?




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  • Sai gc
    09-23 04:54 PM
    case process resumed ,Soft LUD everyday after RFE response,Any thoughts whats going on
    My case details:
    PD 2004 october(substituted)(NSC)
    I 140 approved on october 2007
    Got EAD's and AP's for both me and my spouse.
    I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
    RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
    Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
    soft LUDs on my application on 18,19,20,22 and 23rd.
    soft LUDs on spouse application on 22nd and 23 rd.
    What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
    Hopefully this means Good news.
    OM Sai



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  • rrajendra
    08-05 04:02 PM
    Hi,

    The hotel I stayed was Shalimar, bit expensive about Rs 7000 a day. The hotel is really good with complimentary breakfast buffet. The consulate is walkable distance from the hotel. VFS also offers some facilities, please check with them.

    I did not have to pay addition fee because the new fee came in to effect later. I paid the equivalent of $131 for each applicant!

    Cheers
    Raj




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  • anilkumar0902
    08-26 11:59 PM
    got similar RFE
    for application original signature
    identity documents

    i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
    and sent it.

    they received my response but havent updated my case yet...waiting for it..

    please let me know anyone else has similar issues and what was the result..

    These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.

    Cheers



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  • innervoice
    01-20 12:29 PM
    I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and stil the status hasn't got update, called several times but no luck.




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  • anilsal
    12-19 12:30 PM
    Good to know that. Actually, I have never called his office! I am doing that right away...
    Not from the bathtub. ;)

    Post your experience with the call.



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  • danu2007
    07-12 11:25 PM
    Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.

    http://www.immigrantslist.org/page/petition/Chertoff

    so far only 2037 signatures..needs 5000 or more signatures

    Update: The site says the number is 6379..Thanks for all those who signed the petition.If you haven't signed please sign..




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  • averagedesi
    09-23 09:30 PM
    Here is a link of ppl in similar situations, its from a different forum

    http://boards.immigration.com/showthread.php?p=1782958



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  • gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.




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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.



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  • sunny1000
    05-15 01:55 PM
    Hi, Guys:

    My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.

    Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.




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  • vxb2004
    07-23 06:50 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
    It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.




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  • glus
    12-18 09:12 AM
    Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?

    Hi,

    One can file for a 3-year H-1B extension but only after I-140 is approved. In this instant case, the person does not have an I-140 even filed/pending because he is at the PERM stage. No, the law has not changed in RE: h-1b extensions through I-140.

    Best Regards,




    vikramy
    09-22 01:30 PM
    This is what given by my Attorney apart from your labor approval. Better double check..


    FOR FORM I-140

    Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.

    1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
    2. All degree certificates, and relevant marksheets.
    3. All Forms W-2 from the sponsoring employer.
    4. Latest 3 paychecks from the sponsoring employer.
    5. All H-1 and H-4 approval notices.
    6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
    7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
    8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.




    texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.



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