Wednesday, June 8, 2011

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  • ns007
    02-13 12:40 PM
    Could someone please explain what are the implication of taking big promotion (example: Consultant to Manager) when

    1. Labor is pending
    2. Labor is clear; but I-140 pending
    3. I-140 clear; but I-485 pending for less than 6 months
    4. I-140 clear; but I 485 pending for more than 6 months

    thanks,
    NS





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  • neobuddha
    10-14 03:28 PM
    You can provided:
    a- If have not used your AP, if it is single entry
    b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.

    Good Luck,

    -Neo





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  • gonecrazyonh4
    06-14 06:33 PM
    I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these

    Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?

    Alien Number - is this the I-94 number?

    anywhere i can find a sample I-485 filled in ?

    Appreciate any help





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  • seahawks
    09-16 08:25 PM
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  • gc28262
    04-07 06:23 PM
    I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)





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  • STAmisha
    11-16 10:07 AM
    Hi
    I was thinking of askign my lawyer to change my case from non rir to rir ?
    i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
    My pd is oct2002? nothign heard after teh 45 day letter....
    thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
    thanks


    There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD



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  • langagadu
    05-06 12:19 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?




    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris





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  • saxx
    01-19 08:33 PM
    I get a security warning.



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  • nish
    10-06 05:54 PM
    You could apply to change status from L-1 to H-1B while staying in the US. If the L-1 expires while the change of status is pending, however, you could not work during the gap.

    You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?

    My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india





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  • martinvisalaw
    06-28 12:48 PM
    Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

    Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..

    The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.



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  • dante1271
    08-26 12:58 PM
    My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension ...my company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
    :D
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.





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  • dhesha
    08-14 02:53 PM
    Hello Guys,

    I have E-Filed for EAD renew on jne 27th and have sent all the supporting documents the following day. But on Aug 6th recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you guys can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.

    Some times we need to think ahead!!. I sent all the stuff (Including the one they asked not to send) and got EAD on time :-)



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  • GCAmigo
    12-21 12:36 PM
    >>>How about setting up your own consulting company?

    Nothing prevents you from doing it while on H1!





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  • mk26
    03-21 09:36 AM
    I had my h1 extension from 2009 and I went to Kolkata for stamping in Jan2011..surprised to see there was a desi VO(may be US citizen). he interviewed me and it was smooth, he asked about the company and looked in my past tax returns and approved for visa. He did not even asked about client letter or any agreement. I worked in anther country for 4 yrs that he asked and confirmed though.
    I work for a small consulting company, this was my 2nd extension.
    Hope this helps



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  • immigration1234
    07-14 10:24 AM
    We have travelled in mid May '09 from via Frankfurt on AP and we did not have any problems.





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    November 20th, 2004, 05:34 AM
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  • syendu1
    06-27 12:23 PM
    My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
    Did anyone else encounter this?


    I got my approval online but not yet received any notices!! This happened yesterday and my RD is Dec 2006. What is yours??





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  • keith_in_us
    04-11 07:03 PM
    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.

    Thanks!
    Keith





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  • factoryman
    06-14 05:57 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.





    amenon
    05-01 05:38 PM
    Hi,
    Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
    Thanks.

    Onto the issue:
    My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

    My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

    One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

    My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

    Thanks.





    txh1b
    08-20 06:27 PM
    Does she have a 485 pending as well?



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