Friday, July 1, 2011

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  • akizdetz
    08-10 07:30 PM
    Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.

    No, it's the first one. I really hope I-140 is approved :-)





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  • Blog Feeds
    12-05 09:20 PM
    Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).

    When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.


    The Service Center previously stated:

    Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:

    By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.

    Please email me with any questions regarding the above referenced info.




    More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)





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  • ItIsNotFunny
    11-11 06:08 PM
    Bump ^^^^^





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  • sunny1000
    04-09 03:19 PM
    Hi,
    My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
    Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.

    USCIS goes by what is called "last action rule". The last action was the extension issued after you came into the country, even though it has the 123 number on the I-94. So, you should be ok.



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  • 4yourforGC
    03-20 12:16 PM
    my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks





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  • MatsP
    February 2nd, 2006, 05:56 AM
    We've been discussing this before... here (http://www.dphoto.us/forum/showthread.php?t=4551) for example.

    Yes, Macro photography really needs small apertures..

    --
    Mats

    I-94 expired for H1 EAD-AP [Archive] - Immigration Voice

    View Full Version : I-94 expired for H1 EAD-AP




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  • gcbeku
    08-12 11:43 AM
    My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

    My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

    Is it ok to travel via Frakfurt? Would she need a transit visa?

    Please advice. Thank you,for your responses.

    Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.

    Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.

    I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.

    If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.

    But please check with your lawyers too..


    Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
    http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html





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  • pd_recapturing
    05-31 09:16 PM
    Are you sure, you are on H1B in US? Who did your H1B? You cant even write your question in plain simple English !!!

    Hi
    I am Hiren Working as software developer.
    I have resign from company last week,
    But company don't given me experience letter , relieving letter.
    company simply refused my request and said to not possible.
    In another company required this letter.
    Also Company using illegal pirated software to make product ..
    What i have to do?
    What action i should take for this?
    Kindly help me ...



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  • tnite
    10-04 01:27 PM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.

    Your help will be really appreciated. :)

    EadGuru

    yes, she can start a consulting company and run her own paystubs...but only in Adjustment of status.





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  • manderson
    03-04 10:47 AM
    i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).

    if u want to find out about NC status, call 18003755283. Press
    1
    2
    2
    6
    1
    enter receipt number
    1
    1
    keep listening to updates on case
    3
    4 you will be connecting to 2nd Level IO



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  • NKR
    02-19 01:05 PM
    Did it say state of residence as TN or Tamil Nadu, if it is TN, then it could be Tenesse?. I don't know what I am saying...





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  • nag2007
    02-21 05:21 PM
    You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.



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  • snathan
    10-21 04:31 PM
    Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.

    I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.





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  • WeShallOvercome
    10-30 01:36 PM
    Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?

    For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.

    I got the same status yesterday. No email. I guess it is approval.



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  • rsymonds
    08-04 06:36 PM
    Hi,

    Here is my current Status :

    I485 : Filed in July 2007
    PD : April 2006
    EAD : Valid till 27th August 2010 (filed for renewal last week)
    AP : Valid till Jan 22nd 2011
    H1B : Valid till Jan 22nd 2011

    My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)

    MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
    Will my H1 and EAD still be valid ? or will I lose one of them ?

    Please let me know. I do not want to take a wrong step since I am so close to getting my GC.

    RS





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  • eb3_nepa
    05-28 11:20 AM
    If you are actually using the EAD you cannot work in the interim though. Just an FYI



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  • leonqiu
    03-06 01:39 PM
    sorry, i forget to add, i am on i-485 waiting list, and have passed 180 days





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  • dealsnet
    08-05 12:50 PM
    Why you take lawyer's help for this simple thing. ?
    Almost everybody renewed EAD/AP by themselves.
    EAD/AP filings must go to your I-485 processing center.
    I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.

    My lawyer sent my wife EAD renewal papers to VSC.

    Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.


    I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?

    FedEx trackinh number says it was received at VSC on July 10.


    Can anybody shed some light whats going to happen next ?????





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  • hibworker
    05-16 01:24 PM
    Do i have to leave the country? isnt there another option?

    As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.

    You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.





    bfadlia
    05-15 01:38 PM
    I am looking for a cheap lawyer in Chicago area who will be willing to do basic paperwork for Canada immigration. Please suggest.

    The process is so simple, instructions on the website are clear. There is no need for a lawyer. Most people I know did it themselves successfully. I did it on my own too and I'm about to land soon.

    On second thought, you may hire me to help you :)





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    October 3rd, 2006, 03:31 PM
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