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  • jayleno
    08-28 11:48 AM
    Be doubly sure that this is a standard response for SR or otherwise from USCIS. Customer service says the same. Sometimes infopass too.





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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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  • SL%%
    03-02 01:00 AM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil


    a.) true, like me
    b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
    c & d.) I don't understand this, are you out of US?



    Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?


    H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.

    IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.

    The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.





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  • eb_retrogession
    01-09 09:56 AM
    The past couple days, I've had this very strange experience. Several of the affected people GREATLY appreciate the efforts being done by ImmigrationVoice and strongly support us (by words). This is all good encouragement. But for monetary contribution, even though the promise is made, they want to take some time to think about it.

    Now, Think about what?? If this was some kind of an ad campaign or a puppet show, I did understand. The bottomline is either we get support from affected folks and stand a chance by involving lobbyist, media etc with full force, OR we just keep busting our butts and no money comes up, and we will be where we are 2 years from now.

    There are some more folks that contributed SOME money and said they are willing to contribute again later. Fair enough. Only issue is we are running against the clock. It would be a pity if we get all the support in the world a little too late.

    My guesstimate is that there are about 350K to 400K people affected by retrogression. As of yesterday, around 50 people have come forward with monetary contribution for the cause. Even though we have done progress by collecting about $8,500, this isn't cutting it. I am hard pressed to understand why affected people prefer to just wait and pray for the best, rather than taking the bull by the horn and try your best.

    In our presentations to the lawmakers, we say, EB workers add so much value to the economy and have so much to contribute to this country. How about contributing something for ourselves for once? then maybe you'll have a chance to do the aforementioned contributions!!

    I hope people don't regret not helping when the window was atleast slightly open, after it has been shut on their faces. Come May/June, election activities take precedence, don't expect anything to happen second half of this year.

    I hope EVERYONE on here understands the importance and significance of acting RIGHT NOW.

    I, for one, can sleep well at night, thinking that I did all I can.

    contribute at www.immigrationVoice.org



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  • singhsa3
    03-15 07:50 AM
    Yeah, now I got it...

    We should all resort to farming now !!!!


    Hey check this prediction out.

    http://immigration-information.com/forums/showthread.php?t=4541

    I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .

    Correct me if I am wrong...





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  • ssa
    08-03 01:40 PM
    Done :)



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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.





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  • snathan
    05-15 10:49 AM
    Hi Pappu,

    How about 10000+ people sing a single letter and send it to every congressman/woman or senator. When you ask people to send letter to all congressman/woman they won�t. But i believe they wont hesitate to just sign one letter. Let me know if it�s useful



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  • ajju
    03-01 12:04 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...

    I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...

    I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...

    Good luck... should be resolved soon.. and you'll get GC soon...
    Where's mine :-(





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  • vroapp
    02-22 10:26 AM
    1--> you should qualify for a J1 as 140 is filed by your Husband's employer; better check with an attorney.

    2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.

    3--> Once your status changes to J1; HRR applies.

    5--> depends on the specialty.



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  • saketkapur
    09-22 07:17 PM
    gave you a green...hopefully you will have a card after that soon too...:D





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  • gova123
    10-30 10:19 AM
    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.

    Thanks
    Govardhan



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  • gcpradeep
    07-27 07:35 AM
    Part 6 , Processing Information On Page8 of I-765 Instructions states =>
    "Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."

    Notice that Interim EAD is for ASYLUM Applicants.





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  • permfiling
    10-28 05:20 PM
    How long did it take for the I-797 after the approval of 485? Which service center was this at?

    It took about 4 days. Mine was filed at CSC and transferred to Nebraska Service Center



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  • logiclife
    02-09 06:10 PM
    This is a blog. Its not a credible source of information.





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  • Law Loving Alien
    10-25 03:36 PM
    DUDES,

    I appreciete your's feedback....but my PD is current as of now ( again it may retrogess in future...who Knows....) and please note I am not using subsititution labor approvals...

    Do you still think converting I140 to premium processing would be worthwhile and would expediete whole process including I485.......



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  • thepaew
    02-09 01:41 PM
    Hello Pappu,

    I can write this. Please let me know the word count. When is the deadline?

    BR

    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference





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  • wandmaker
    10-24 01:07 AM
    Your labor wants masters only or bachelors with 5 years is acceptable?


    Look bullet no. 2.

    The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:


    1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)

    2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)

    EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)


    MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)


    YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.

    Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.





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  • abhijitp
    07-17 06:27 PM
    Sorry I am posting this on multiple threads (because there are so many!)

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf





    Vlora
    10-25 05:27 PM
    It is hard to say. I am in the same situation as you (filed concurrently by June 21). I believe it is not worth giving them an extra $1000, and for what. You already have filed your I-485. What is the downside?





    panky72
    06-05 09:31 PM
    Hi,
    I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC

    I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
    Please share your experiences and ideas

    Thank You,
    Raj.

    I applied for H1b 6th yr extension on march 15th and I got approval notice on may 22nd. I also applied at CSC.




     

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