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  • daramesh
    10-07 12:49 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.


    waitintoolong, but the question is
    " "Are you applying for same visa class that expired in the last 12 months?"

    he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?

    my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)

    can you or someone else confirm the answer? has anyone asked VFS/consulate about this?

    thanks





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  • sweet_jungle
    01-10 06:17 PM
    What do you mean by
    "Can an attorney force me to file AC-21 even if i dont want to?"

    Are you asking if the attorney would file the change of employment letter?

    Please clarify your question

    What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?





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  • willwin
    03-24 09:56 AM
    That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?

    Lucky you!! Mine was filed on Jan 5th and still waiting!!

    I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.





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  • eilsoe
    10-02 03:57 PM
    It takes about 2 minutes to make those blobs... so, credit isn't REALLY that important with these blobs...

    But yes, give credit where it belongs. :)

    That's what i do too...



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  • neoklaus
    10-21 09:42 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
    You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

    That scenario is OK if your total salary is not an issue for you.

    For you Employer paying to you $4500 Plus $500( reimbursable) is much better
    cause he will pay company taxes only on that $4500 and not on $500.

    There could be other ways to resolve this problem. Depends on your employer
    willingness.





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  • Dhundhun
    06-07 06:04 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:
    Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)

    Part 2. Petition type.
    a. An alien of extraordinary ability.
    b. An outstanding professor or researcher.
    c. A multinational executive or manager.
    d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
    e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
    f. (Reserved.)
    g. Any other worker (requiring less than two years of training or experience).
    h. Soviet Scientist
    i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).

    Phase two: Endorsement by USCIS Officer based on evaluation of I140

    Classification:
    203(b)(1)(A) Alien of Extraordinary Ability
    203(b)(1)(B) Outstanding Professor or Researcher
    203(b)(1)(C) Multi-National Executive or Manager
    203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
    203(b)(3)(A)(i) Skilled Worker
    203(b)(3)(A)(ii) Professional
    203(b)(3)(A)(iii) Other Worker

    Certification:
    National Interest Waiver (NIW)
    Schedule A, Group I
    Schedule A, Group II



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  • immilaw
    09-18 01:41 PM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.

    Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.

    Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.

    Don't worry about your H-1B. You should not have a problem with that.





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  • sarika
    07-26 02:13 PM
    I got my receipt numbers for I 485,I131 and I 765.
    i got them by calling USCIS yesterday.
    Mailed on:June 28th
    Received date:June 29th at NSC
    Notice date:July 23rd.



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  • fasterthanlight�
    05-11 03:58 PM
    Erm, kirupa will only add 4 of these stamps to the stamp page. Thats the limit for content similar stamps apparently.





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  • brij523
    11-10 12:31 PM
    I guess poll closes after 15 days (?)
    Thanks to all those who are helping out in different ways.

    I would like to know what is the booth number?



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  • chanduv23
    01-08 02:40 PM
    Z^^^^^^^





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  • lostinbeta
    10-16 01:10 PM
    FF7!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!1

    Anwho.... Excellent pic Kit....most excellent indeed.

    I actually thought the graphics were just flat out astounding considering the time it came out (1997?).

    I think everyone rocked! Well Yuffie kind of annoyed me, but she was a good fighter...so it worked out.



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  • vishage
    11-26 01:59 PM
    what is that??





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  • intheyan
    09-30 03:10 PM
    Does we need to keep track of the period for our next FP or does the USCIS send as a letter every year to do our finger prints?



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  • krishmunn
    05-11 08:24 AM
    Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.





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  • gcspace
    08-12 07:31 PM
    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?



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  • Sakthisagar
    11-16 01:05 PM
    Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??





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  • go_guy123
    10-02 02:06 PM
    Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.

    I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.

    You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.

    Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).

    Most people dont realize that GC is not the end of story. GC is yet another type of
    immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.





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  • akkakarla
    07-09 09:23 AM
    :D Looks like Axis of Evil Lou Dobbs - Jeff Sessions - Tom





    kumar v
    08-09 04:54 PM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards





    gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.