Thursday, June 30, 2011

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  • babu123
    04-27 03:04 PM
    Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.

    Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.




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  • StuckInTheMuck
    02-13 06:56 AM
    AFAIK, EB-2 can be filed either with LC or via NIW route. NIW bypasses LC requirements, but you need to make a strong case for why your advanced qualifications/expertise will serve the interests of US society in the long term, a task often better handled by a competent immigration attorney. EB-1 is similar to NIW in terms of eligibility requirements, but USCIS uses a stricter microscope to approve EB-1 cases, again something an experienced attorney can help with.




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  • HRPRO
    02-15 11:50 AM
    You will not have any problems with the move and using your own attorney should not be a problem either.




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  • StuckInTheMuck
    02-13 06:56 AM
    AFAIK, EB-2 can be filed either with LC or via NIW route. NIW bypasses LC requirements, but you need to make a strong case for why your advanced qualifications/expertise will serve the interests of US society in the long term, a task often better handled by a competent immigration attorney. EB-1 is similar to NIW in terms of eligibility requirements, but USCIS uses a stricter microscope to approve EB-1 cases, again something an experienced attorney can help with.



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  • pasa0202
    12-10 03:31 PM
    Hello Attorney,

    Is my perm valid if I am out the US without H1 B status? OR

    Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?

    Here is my situation:

    -My I140/I485 got denied -- in Aug 2009
    -I got 9th H1B extension which is valid till Apr 2010
    (As I know after Apr 2010 that I am not eligible to get extensions)
    -My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
    -My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.

    My question to the attorneys:

    If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
    Or
    Do I need to wait 1 year to get the new H1B for 3+3 years?

    I really appreciate your suggestions.




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  • gulbir
    06-20 02:51 PM
    For filing of I485, do I need to file for my dependent child who is an US citizen (age :1 year+)? Also does my child need to go through the medical exam and be part of the I485 application even though she is a citizen?
    Sometimes it becomes confusing and some guidance from our IV folks is really appreciated.



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  • Green.Tech
    11-28 08:35 PM
    Welcome to retrogression! :)




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  • patiently_waiting
    10-09 05:41 PM
    thanks



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  • RDB
    08-05 04:46 PM
    I don't think anybody ask for an EVL at POE! And even if they ask, there are no 'format' requirements. If you want, you can just take a standard EVL mentioning your salary, duration of work and title - that should be it.

    as per the old messages about the docs to be taken while travelling in AP, EVL was also mentioned in this forum




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  • Newsweek in recent months


  • ps57002
    03-18 07:52 AM
    Anything we can do to complain and bring attention to the EB3 processing delays at Nebraska service center?

    As it was they were moving very slow and processing dates have been stuck in Jan 07 for past couple of months. Plus results show hardly any approvals this year so far especially for retrogressed countries.

    To top it now a few people having spoken with nebraska are reporting that only 140's (EB3...this doesn't seem to apply to EB2 for some reason) with current priority dates are being processed. That they will only start processing again in May 08. Who's to say come May 08, they won't go back to square one and say "oh we're still processing jan 07 and we will only move a few days each month when it comes to processing dates"

    Which would be fine if people weren't waiting, depending on the 140 approvals to a) keep their H1b status 2) go back on h1b status 3) change jobs.

    I think this is totally unfair to do this to EB3 category. Why are they picking on EB3 category like this?

    Is there anything that can be done?



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  • senthil
    02-02 11:48 PM
    anyone knows where to look at or how to approch about it
    any websites / forums / contacts etc would be of great help




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  • nnk555
    03-26 01:05 AM
    Hi,

    My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?

    Appreciate the reply.

    Thx...



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  • GCeffect
    03-13 09:41 PM
    EB3 (ROW)....PD: May 2006....

    Received my REF last month then i sent my reply and they received it. Now everytime i checked the online status the Update Date in the online account is changing everyday for last couple of days. What does it mean? Is it a positive sign or not? kinda worried about the whole situation. Please let me know what you guys think or anyone get this kind of update or not?

    Current Status: Response to request for evidence received, and case processing has resumed.

    On month xx, xxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.




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  • h1-b forever
    08-31 09:43 AM
    In this economy it is hard to get the employer to file for us again.........:(



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  • Mitt Romney. From the archive


  • helcrase
    04-07 09:21 PM
    Hi,

    I am in the US now. Can I change to F1 visa in August and get the new F1 stamping or the approved transfer as you said, when I visit my home country later some ?


    thanks again.




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  • psk79
    07-20 12:18 PM
    When did you send your I485? Is it in June or July?



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  • indianabacklog
    12-05 11:00 AM
    My husband has a pending I-130 visa petition (I am a US citizen, he's Italian, we live in Italy). Can anyone tell me whether he is permitted to enter (and exit, as we are still residents in Italy) the US on holiday (departure 19 dec)?
    I have not found any specific details in regard.

    In what capacity will he be entering the US? Does he have a visa?




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  • Sheetal_MA
    12-03 11:20 AM
    My cousin is getting married to a US citizen in February 2009. I want to get information about K3 visa for spouse of US citizen. My questions are:

    1. I have heard that it takes long time to get K3 visa, is that true?

    Yes it is true that the K3 visa may take a year and the spouse must remain in the home country during that time.

    2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?

    She can try for K1 visa but it must be filed now and she must come to the US before marriage. The K1 visa processing can take a few months so your cousin may be running out of time.

    3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?

    The K3 is the greencard process and it can only be filed after the marriage has occurred.

    Thank you all in advance for your help!!!!




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  • sivananda
    03-31 01:58 PM
    How long will it take to get the receipt number when we apply for H-1 extension? And how long will it take to get the decision?

    I am assuming when I have the receipt number, I can be considered to be in legal status and keep working with my present employer though I-94 is expired.

    Please help with your answers/suggestions.

    Thanks a lot.




    gcdreamer05
    09-30 12:58 PM
    Could this be the administrative fix that IV is working on - which pappu replied in another thread.

    Can we please get this so that people can add spouses (if they did not do so during july fiasco).




    hopelessGC
    11-03 11:51 AM
    Hi guys,

    My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(

    I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.

    My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:


    Thanks for you responses.



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