Tuesday, June 28, 2011

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  • Ann Ruben
    01-14 08:55 PM
    Your new employer can file an H-1 petition for you, BUT you are not eligible for an extension of H-1 status because you are not currently maintaining H-1 status. In order to resume H status, once company B's petition is approved, you would have to go to a US Consul outside the US, obtain an H-1 visa and then re-enter the US using that visa.




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  • maddunr
    12-31 07:41 PM
    designserve,

    Unfortunately, we cannot search by name. You may want to provide keywords used in your question so members can find your question. I have searched for all questions related to legal immigration in all categories and weighed my opinion one way or another.

    Let's hope the IV core takes up this issue and writes up a carefully crafted question so we can all benefit from the resulting voting.

    Now, go and have yourself some fun at a NYE party! I hope I am the only lame-o writing posts this NYE (my wife's sick and we're home).

    - V

    PS: Why Science and Tech? How is this a S&T question? Aren't we all affected equally?




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  • andy garcia
    11-30 10:38 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.

    Not according to this:

    8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
    (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
    The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
    (1) the alien makes an application for such adjustment,
    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his application is filed.




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  • gcfriend65
    12-07 02:55 PM
    It seems people who applied for AP in TSC are getting their APs faster, compared to those who applied at NSC.

    Refer processing times at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC and search for "All other applicants for advance parole". Right now they are processing July 03, 2007 cases.



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  • ajju
    02-06 03:15 PM
    Answer to your third question :- You can claim moving allowance when you file your tax return

    Thanks bombay.. I was not sure on this part as I saw the requirement of 50 miles.. from new job to new home.. So if job remained same.. what to specify...




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  • sjain1979
    07-08 06:24 PM
    We need to make a very important decision this weekend and any help will be highly appreciated.

    My husband�s (EB3/India) employer is willing to give us a �Labor Substitution/I-140� (PD: March 2005). But, I really want to apply for COS H4 to F1.

    So the two options we have is
    1) Apply for both �Labor Substitution/I-140� and COS H4-F1
    2) Apply for COS H4-F1 and let go of �LC Sub�.

    I have spoken to a lawyer and he is saying that we can apply for both �LC Sub� and COS and that there is a very good chance that COS will also go through, although there is a very small risk. But, I am getting conflicting messages from other sources suggesting there is a high risk of COS being denied.

    We are trying to determine the amount of risk we are taking if we apply for "LC Sub" and COS at the same time. If the risk is high, that we would just apply for COS H4-F1.

    This is a really tough decision and any advice would be greatly appreciated.



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  • reddymjm
    05-15 06:34 AM
    If your I-140 gets approved when you are already in the sixth year, can you still seek the 3 year extension?
    Yes U can.




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  • kumarblr76
    11-06 12:15 AM
    More clarifications are required about this new rule, this is a duplicate filing requirement in addition to FBAR



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  • red fraggle
    09-10 04:32 AM
    swft3d max is only a plugin for 3d studio max to allow import export between the two. you need the trial full version unless you have 3d studio max.

    2 cents : Let's not be complete *explative deleted* here and tell people who might take us seriously to format there hard drives. Some of us are complete newbs and might actually do it. If you cannot offer constructive information, dont waste bandwidth and post.




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  • ragz4u
    03-15 09:48 AM
    I believe the senate majority and minority leader do have the right to call for debates on a previously declared holiday. Thats excactly what happened during the debate for S.1932. It went late into the night until 1.00 am and then restarted next day on a holday!



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  • fearonlygod
    11-30 06:51 PM
    Hi Folks,

    Please suggest how safe is it to travel on previous employer's visa stamp and new approval notice....

    Also, what happens if your previous employer cancels your visa, can u still use the same stamp...

    Any help will be highly appreciated.

    Thanks.




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  • Almond
    08-04 10:21 PM
    Today, I received an email from USCIS that my EAD application got approved. My receipt date is on the 3rd week of May of 2007. What I don't understand is that the current processing time at NSC for I-765(EAD) for pending I-485 is March 26th, 2007.....

    We have the exact same situation down to the receipt date :eek: I was so shocked I almost fell off my chair when I got my email. A completely unexpected surprise but a good surprise, nevertheless.



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  • trexx7
    10-02 04:17 PM
    Just bumping..




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  • kisana
    06-06 05:18 PM
    Some how from past 6 years in US I have not applied AR11. Please let me know if I apply right now it impact any way to me. Yes I understand it was a mistake. Please provide me your guidance.



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  • abhicyber
    10-23 12:20 AM
    ^^




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  • InTheMoment
    05-21 11:35 AM
    Refer to:

    http://immigrationvoice.org/forum/showpost.php?p=249001&postcount=9

    180 days starts from the date the name is sent to FBI by USCIS.



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  • pinganand
    07-05 02:11 PM
    Hi all,

    [cross-posted to "ask attorney section" as well]

    My spouse (Indian citizen) has received an RFE for her derivative I485 application.

    Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

    The RFE states:

    "Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
    ...
    "Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

    We now plan to submit the following:

    1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

    Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

    2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

    Will that count as sufficient "registration with civil authority"?

    I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.

    thanks!
    Anand




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  • Ann Ruben
    01-12 06:33 PM
    Yes, it is legal and possible to hold multiple H-1's with both non-profit and for profit employers.




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  • chris
    01-18 12:06 AM
    She can stay till Dec 2009.


    Can wife stay in India for more than 6 months while 485 is pending?

    What she have now is an approved AP till 2009 december.

    thanks
    achu.




    raj2007
    06-13 11:09 PM
    Hi

    My PD is Dec 2004 EB2 for a future jon offer. I won't be able to start the job until July 2008 as I am still completing my fellowship. I have read somewhere in the past that I can file I485 for this future job as the dates have now become current. Can anyone confirm this and any idea what is the general recommendation for the duration that I have to stay with this employer once I start the job.

    Minimum 6 month is considered a safe period.




    DOL_0903
    10-29 03:00 PM
    My wife has henna done on her fingures and we need to do FP.. will it be a problem???

    Gurus, please advice or share your experience

    Thanks in advance



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