Wednesday, June 29, 2011

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  • kirupa
    04-16 01:33 AM
    They are both excellent tsiger! ;)





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  • ind_game
    05-15 08:17 PM
    Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?





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  • SK2007
    03-25 04:48 PM
    You are more than welcome to do the stamping in any country... just that if your name comes under TAL or any other check, you would end up enjoying that country for longer than you had intended originally...

    I have been to Canada twice for stamping - no issues, just realized that they have become more strict in evaluating candidates - one friend of mine enjoyed Toronto for about 1.5 months (originally intended for 2 days).

    So talk to your lawyers and be safe and comfortable :)

    As said, you can go any US consulate to get your Visa stamped, I got my twice in Canada, once in Dublin, once in London, most times I was travelling on business, I know if there is somethging wrong my company and the lawer will be there. It depends on your company, I guess...





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  • GotGC??
    02-28 03:39 PM
    It is not an issue for people of Indian origin who are returning, of planning to return, back to India for whatever reason. They are the lucky (?) ones to have either a Indian passport or PIO card or OCI card so they are eligible to work on that basis.

    But how about those who do not qualify for one of the above? There is an increasing number of foreigners working in India - how do they become eligible to work in India? Is there an equivalent of an H1B, or may be oneday GC & Citizenship?



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  • reapit
    08-08 02:55 AM
    Hello,

    I needed your advise whether i have a case to file an APPEAL to USCIS granting me 1 yr H1 extension (beyond 6th Yr) instead of 3 yr extension.?

    Recently my 7th yr extension was approved for 1 year in Jul'09 with petition valid date till june'09 (date in the past) . At the time of filling the 7th yr extension, my I140 was not approved but during the processing of my h1 extension my I140 got approved and i had sent the approval copy along with an RFE i recieved in May'09.

    Let me give my case background in details.

    * LC applied in oct'07
    * I-140 applied in May'08 after LC approval
    * 6th yr on H1 ended in June 08
    * had to return India since my LC < 1 yr and I-140 was not approved
    * Employer based on an attorney's advise suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
    � Mar09- applied 7th yr extension based on Approved LC (> 1 yr old ) and applied I-140
    � Apr09- I-140 approved
    � May09 � Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
    � Jul09 � Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)

    Appreciate your advise on the same.


    Thanks,
    Bikash





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  • makemygc
    08-01 12:57 PM
    One of my friend is ready to apply for 485. He is all set.

    The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

    Can he still submit his 485 for his wife?

    Gurus, any help / suggestions is appreciated.

    If you just search on word 'wife' you will get the response from thousands of users who posted it. He cannot file 485 for his wife until she is here.



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  • sledge_hammer
    07-09 11:41 PM
    Did you get an answer from your attorney?

    I emailed attorney and waiting for reply.





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  • priderock
    06-20 03:53 PM
    This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:

    Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.



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  • eager_immi
    07-18 03:55 PM
    does not work....


    http://www.uscis.gov/portal/site/usc...d1f1d6a1RCRD





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  • bouncer
    11-08 12:35 AM
    Hi Kirupa,

    Thanks for your reply. I'm trying to solve this issue. I'll get back to you soon.



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  • 90210
    05-03 06:51 PM
    Gurus,

    I just received my EAD now. Though I am a 485 july filer, applied for EAD only in January.

    My 6 th year H1 will come to end in Oct. Because 180 days since 485 filing is over, I want to use AC21 and change the Employer now, and I am thinking why to go again for H1. I have the EAD, and why not use it, though I will be joining another desi employer.
    Does it seem the right thing to do? But everyine else I know changing the employer but again going for H1. Then why at all we have EAD.

    I understand that if GC is rejected, and if we are on H1, we don't have to leave. But if GC is rejected, I really don't care. Even if I get the GC, I want to go to Mera Bharath Mahaan.

    1. What are your thoughts on this?

    2. One thing I am still not clear on is: If EAD renewal is delayed next year, and if I don't receive the approval in time (i.e. before the expiry of my current EAD) will I be out of status because no H1 and no EAD?

    3. I am thinking there is no waiting period of 180 days etc from the EAD approval date to join another employer. Please correct me if this wrong.

    4. If I use EAD, what is the status of my family without H4?





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  • mr_rajeevsaxena
    06-26 09:48 AM
    Hello Everyone,

    We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?

    Thanks



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  • morchu
    06-16 12:49 PM
    1. NOW, if you are switching to company B. Company A may want to request extension only from Nov 2010, so for that the earliest is June 2010.

    2. You can file H1B extension on company B based on your approved & valid 140 in company A.

    3. Not necessarily. At any time, whenever you file extension, the criteria is checked again. Means if the 140 is revoked after getting 3 year extension, then the next H1 filing will get rejected, since you don't have a pending 140 anymore. So the answer is, it depends on whether you have a pending/valid LC/140 at that time.

    My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.

    1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?

    2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?

    3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?

    Any feedback is welcome. Thanks.





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  • KanishkaSharma
    12-26 08:44 PM
    I got my H1B Petition approved and have been working on OPT status since August. I made a Visa appoitment for tommorow and while taking the appointment I chose the Visa Renewal category instead of a new H1B visa.
    My interview is tommorow and I am not able to change or cancel the date as in Delhi it needs to be done 2 working days before.

    I want to know if anyone has gone though a similar experience and what should I do?

    Looking forward to your replies!

    Thanks!

    Kanishk



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  • GC20??
    03-20 03:15 PM
    My I-140 case status has been changed today to

    "This case has been received from the State Department with a request we review it."

    My I-140 was already approved a year back and my I-485 is pending.

    My I-140 was applied based on my own labor not labor sub.

    Does anybody have clue about this?

    My H-1B 3 year extension (based on approved I-140) is pending with USCIS. Do this has to do anything with this?

    Thanks in advance.

    My I-140 case status has been changed today to

    "This case has been received from the State Department with a request we review it."

    My I-140 was already approved a year back and my I-485 is pending.

    My I-140 was applied based on my own labor not labor sub.

    Does anybody have clue about this?

    My H-1B 3 year extension (based on approved I-140) is pending with USCIS. Do this has to do anything with this?

    Thanks in advance.

    My I-140 case status has been changed today to

    "This case has been received from the State Department with a request we review it."

    My I-140 was already approved a year back and my I-485 is pending.

    My I-140 was applied based on my own labor not labor sub.

    Does anybody have clue about this?

    My H-1B 3 year extension (based on approved I-140) is pending with USCIS. Do this has to do anything with this?

    Thanks in advance.





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  • martinvisalaw
    06-25 05:06 PM
    He can have both types of permanent residence pending at the same time - marriage-based and employment-based. This is very common. The marriage-based filing will probably be approved sooner than the other, because priority dates are so backlogged now.



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  • cessua
    07-06 09:11 PM
    Same thing...

    http://www.cbc.ca/cp/technology/070705/z070502A.html





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  • yabadaba
    10-26 09:51 AM
    She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

    yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.





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  • krishmunn
    04-26 09:09 AM
    Not an error. Per law you have 10 days after your H1 expiry to wrap up and leave the country. Some CBP officers add that to the I-94





    tejonidhi
    01-14 09:36 AM
    Itsokgc,
    only talk to Immigration information officer. if none or available then it goes to regular Contractors workig for USCIS who will say we received the Application on date Blah Blah.
    Tejonidhi





    zerozerozeven
    04-03 09:00 PM
    you can get only one OPT per level of study
    ie., one OPT for under-grad
    one OPT for grad
    one OPT for doctoral

    So I doubt if your wife will get another OPT with the new rule but you never know :-)



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