Thursday, June 30, 2011

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  • snathan
    04-08 08:41 AM
    I am a resident working on H1b. Got married and wife joined me in July 2010.

    1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)

    Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)

    What are the other options

    2. Item 6d. "Identification documents submitted" ?
    Options are for passport, Divers License, USCIS documentation.

    My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?

    Notorized copy of the passport which shows the valid visa...

    Thx
    .





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  • jeda
    07-01 06:19 PM
    Dear All, Received the magic email today. Good luck to all of you who are waiting. You will get it, hang in there. Below r my details.
    Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.





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  • la_guy
    06-27 08:06 PM
    ______________________________





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  • jthomas
    10-18 04:47 PM
    I am not sure i understood your question. Is it H1B interview date or H1B stamping. In case of H1B stamping, the dates are normally booked but keep checking vhs..... website and you may find a slot. I used to check everyday and after a month i saw few slots available on december. However, the consulate answers to emails promptly and i was once told that for H1B stamping can be done if notified 14 days in advance.



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  • loudobbs
    08-02 04:38 PM
    Hi Folks
    My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.

    Its been 2 months now and I am getting worried.
    Anyone who has been in similar circumstances or familiar with this situation pl help.





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  • GCmuddu_H1BVaddu
    06-27 07:41 AM
    One will get a H1-B without I-94 if the person is outside of USA.

    so basically you need to go for stamping to the local consulate for the visa.



    For your second question - no you don't have to be present in the US to file for the extension .



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  • snhn
    11-06 11:05 AM
    here is what uscis says about lud

    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message

    For all the folks who have done FP and have received their EADs, did anyone ofyou got any LUDS on your AP case since the receitp date. If so, please let us know how many LUDS and how often you go them.





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  • Munna Bhai
    01-25 09:19 AM
    Any more thoughts??



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  • frostrated
    08-05 09:38 AM
    you can work in your field of education for any company. however, they have to file for a transfer of H1 for you to continue working beyond the expiry of OPT.





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  • solaris27
    09-04 06:55 AM
    yes you can join company once you get your green card .



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  • arc
    08-10 10:00 PM
    Hello

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Questions:
    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.

    Thanks!





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  • lc1978
    08-17 08:23 PM
    Hello Gurus,

    Pl guide me and let me know my options for the below scenario...

    1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
    Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.

    2. My spouse : Primary applicant - EB3 (India), December 2003.


    As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)

    My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.

    Thanks in advance



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  • amoljak
    03-28 08:14 AM
    Its hard to believe that she represents California... This is just adding insulst to injury...

    We should investigate any 527 orgs that are against her and get their help to run advertisements which highlight her bias agaist educated people.

    We have to keep stressing how anti-education, anti-hi tech she is.





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  • tabletpc
    12-01 11:35 AM
    Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.

    1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.


    2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?

    Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.

    USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.

    My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.

    Good luck



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  • Blog Feeds
    06-24 04:30 PM
    http://www.californiaimmigrationlawyerblog.com/tatoo.jpg

    Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.

    It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:

    Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.




    More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)





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  • ns521
    01-08 04:09 PM
    I sent the applications(I-140,I-485,I-131,I-765)to Nebraska center more than 3 weeks ago and it was received by them the next day(because I tracked the FedEx package).Until today,no receipts yet and my checks are not cashed yet and the receipting update says Current for Nebraska,so what's the meaning of "current"in receipting update if no receipts yet after 3 weeks?is there something wrong?
    Thanks



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  • voldemar
    10-23 09:39 PM
    Hi Folks:

    Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

    Thanks
    My son "traveled" on AP for almost 6 months.





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  • nixstor
    01-05 12:26 PM
    http://www.greatandhra.com/special/articles/green_wait.php

    Greatandhra is pretty much a gossip site.

    I have written to bunch of movie websites in the past. It didnt work out. Some how they posted it now.





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  • Blog Feeds
    05-05 06:50 AM
    This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

    Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."

    Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.

    In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.

    According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.

    Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)




    More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)





    sbmallik
    06-30 04:52 PM
    You did a good job by traveling out of the country and obtained a new I-94 based on the existing L-1 so that the H-1 status didn't kicked in. Yes, your L-1 can be extended for now as you still maintained L-1 status. Later if you decide to file an H-1 the best thing would be a change of status (L-1 to H-1) application.





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    01-19 04:29 PM
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