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maalelsi

10-14 09:18 AM

I need help.My EAD has finally been approved and so has my I-140. I am now working for the petioning company but the pay checks are made out by a payroll company hired by petioning company to manage their staffs paychecks but their is no mention of the pertioning company on the paycheck I receive.. Can this be a problem if I should receive a RFE in the future for the still pending I-485 or eventually when I apply for citizenship?:confused:

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Mr. Brown

12-10 03:37 PM

Does anyone know what 202(a)(5) is and why doesn't it apply to EB3?

-----------------------------------------------------------------------------------------------------

WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

Employment Second:
China: July through October 2005
India: February through early March 2005

If Section 202(a)(5)were to apply:
China and India: October through December 2005

Employment Third:

Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005

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Blessing&Lifeisbeautiful

07-24 02:20 PM

Hi,

MY labor says that the candidate needs atleast 1 year exp as a Software Engineer. Your labor says at least 1 year exp
But my experience letter says that I have 2 years of experience as a Senior Software Engineer. You have 2 years exp. then you are good to go :-)

Would that be ok ? (Actually I was a software engg before and got promoted to Senior Software Eng later.)

BLIB (ie Blessing&Lifeisbeautiful)

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sunnymit

05-10 12:44 PM

As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.

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a2k2

01-12 03:34 PM

When I went for interview beginning of this month I was asked for paystubs. Since I had them ready for all of 2009 I just handed it to them.

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monk097

02-19 09:49 PM

Hello,

I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?

Thanks.

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neo_ny

10-31 06:36 PM

Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?

Thanks!
Neo

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santa123

06-20 03:14 PM

Can someone share a sample or a template for the affidavits from former colleagues / managers, in cases where employer experience letter in specified format is not obtainable?

Thanks in advance!

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kriskris

07-24 05:52 PM

It is not OK for the attorney to sign the papers. But no body is going to care as long as there is signature in that column. Just keep quiet, u will be fine. Ask your attorney for a copy of your filed 485 so that if anything happens, you can sign similarly in all the correspondence.

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antihero

05-24 01:34 PM

ADIT processing = "Automatic Deletion of Irrelevant Threads" processing

Your thread will soon get ADIT processed.

cheers!


Can anyone tell me what is ADIT processing?

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hourglass

03-02 02:23 PM

I organized a Conf Call for SoCal members last friday, but only Pappu (Admin/Moderator) turned-up. It was disappointing to see that few people care to participate. I did get couple of messages from folks who could not make it. I appreciate their response.

Socal members,

Can we do that on some weekend..

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lord_labaku

09-22 03:56 PM

Your existing PERM is ok as long the acquiring company (successor in interest) keeps you in the same job (almost same job) with similar duties in the same location ( I am not sure exactly on location though it would make sense)

Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.

Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)

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pappu

09-25 07:23 PM

Can somebody can suggest me a good immigration laywer?
Thanks
i suggest not restricting to NYC lawyers. Lawyers can take up cases anywhere in US. If you need a recommendation you can send a PM.

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bbenhill

06-09 04:19 PM

Hi, Just make sure with your HR if the new company will grand fathered all the aggreement (esp your GC process). Same thing happened to me a year ago and I don't need to file anything.

so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.

c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.

btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.

Thx

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msp1976

02-15 11:46 AM

I might be politically incorrect here....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....

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injrav

03-21 01:37 PM

Hi Friends

After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?

Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.

Rav

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mach1343

12-15 05:22 PM

I have to work 20 hrs per week part time apart from my full time 40hrs per week. Since I am not working 35 hrs per week as you said does this mean my GC process will have a effect?

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wandmaker

11-05 08:50 PM

Walk into near by ASC with your FP notice, explain the situation, they will be able to accomadate you for FP. I read in the forum Wednesday's are usually good for walk-ins. Good Luck!

Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.

we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.

1. do we need to call USCIS to change the location and date ?.

2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.

3. I have updated the address in USCIS using online AR-11 already.

Plz share your experience/advise...

thanks,
====
PD : mar-2005

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ajay

03-01 10:46 AM

What I feel is nothing wrong with this idea. Since the job market is sluggish people may be skeptical about the prospect of getting a job in this market but if you are providing some technologies that they can learn in less time and get some promising jobs they will definitely come and join. One should make sure that the candidates should be given consultation/help in getting jobs also. Here probably start with some familiar courses for less fee/no fee in the beginning and try to get some referrals and slowly try to establish it.

Good luck in your venture.

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manbeing

12-27 04:35 PM

Hi sbmallik ,

Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?

I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!

I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.

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maalelsi

10-14 11:10 AM

It is direct deposit / stub, but company name does not show anywhere and I spoke with employees that have been there over a year and they say that is also how the W2 is printed. Company name does not show.

does anyone have any input ?

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Blog Feeds

10-15 12:10 PM

A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?

In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).

If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.

Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.

As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.







More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)

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gc_maine2

05-22 09:21 AM

Congratulations !!!.Enjoy your freedom...

i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.

looks like 2003 pd are starting to get picked up at TSC.

how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?

thanks.

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clockwork

09-19 07:58 PM

0. Keep docs ready for MTR and once you receive the response from INS you should able to reply immed.

Without denial notice, I am not sure what kind of documents are required for MTR response. This I-140 was denied even without any RFE. There is no clue to guess the reason for denial.

1. is it consulting company?
Yes
2. which center NSC/TSC?
TSC
3. when did you apply I140 ?
July 2nd 2007

.

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pmat

07-14 02:36 PM

Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.

Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.

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itsmesabby

10-14 09:58 AM

Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.

I would really appreciate it.

Thanks

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vban2007

09-17 01:53 PM

The case will be sent back to USCIS and they will decide the further action or you can tranfer you H1b to other employers

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pappu

03-28 03:08 PM

Core is working on a seperate campaign with a strategy specifically for us. Please stay tuned. At this time, we urge everyone to seek appointments from their lawmakers as per our newsletter.

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doshhar

10-09 10:31 PM

I am looking for the similar information regarding temp. EAD for my wife. Can someone please advise here..?

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brick2006

02-08 10:33 PM

am in my 8th year H1 due to expire in april...with an approved 140.(not a june 07 filer..no EAD)

My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.


I was about to file for my H1 extension... and now i may not be able to do that.

My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.

I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)

so can anyone please tell me,

a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...


...Should i seek a legal advice???

... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..

..do you know anyone who has been in a similar situation..

what are my options.. any advice will be appreciated...

thanks..

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agiridhar

05-14 08:23 AM

When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?

Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.

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Prashanthi

04-09 12:14 PM

As i said would be better to convert this case to PP. You have only pending status, in order to file for a transfer you need to show that you are presently on a H-1. I am not sure if the bridge situation will work in this instance.

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mp70

07-01 03:41 AM

We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.

What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.

Thanks. MP70

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InTheMoment

11-01 01:57 PM

Certainly not all hospitals and universities must most do fall in the non-profit category.

Check with the HR of that org. to confirm.

yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)

changing to cap-subject requires a regular oct-dependent h1b visa again

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ameryki

03-17 04:53 PM

i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.

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skark

08-22 11:54 AM

Does anyone know if the PIO card needs to be renewed or a new PIO card has to be obtained when US passport is renewed?

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kk_kk

07-08 04:39 PM

I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.

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yabadaba

06-30 02:41 PM

Guys,

since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit

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kpdvlr

11-06 07:09 PM

Hi WandMaker,

I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.

Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?

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snathan

02-15 10:01 PM

Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:

1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.

If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak

50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.

Appreciate advice.


See the answer above

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Blog Feeds

11-18 02:50 AM

The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.




More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)

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desi3933

03-05 04:15 PM

Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

Can you please respond back ASAP.Thanks.

Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.

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gcformeornot

03-11 10:56 AM

not counting the derivatives towards visa count. That would littlerly eliminate backlogs....

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Reggit

10-13 12:44 AM

Anyway that I can get a solid black line? It keeps preserving the opacity deficient coloring of the actual rectangle. More or less, the black line is getting the same 50% opacity as I made the rectangle. Don't want that. :P

:pirate: Ar.

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June 5th, 2005, 09:04 PM

Good job for your first time. That's much better than I did when I was getting started. :o

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yestogc

04-07 06:49 PM

I always belive Premium is better and this is just a rumour that it attracts RFE.

The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.

Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.

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Suva

07-18 04:15 PM

Close this thread immediately.

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Ram_C

11-02 05:49 PM

Here's a sticky question - and appreciate "expert" advise on the matter:

My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485

My question:
1. Can I work on my EAD either for company A or any other company?

Yes, you can work for any company, but with similar job description mentioned in your LC

2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization

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milind70

07-25 10:00 AM

Hello,

My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??

Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???

Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.

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immmj

01-11 02:28 PM

Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.

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485Mbe4001

03-04 12:46 AM

Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.

Socal members,

Can we do that on some weekend..

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boreal

08-18 02:11 PM

Bump
/\/\/\
YOu might have already tried this - pls try emailing any school association there (Indian Students Association) - that might turn up good contacts. They are a couple of good universities out there like Chapel Hill...

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japs19

08-22 11:56 AM

I have a simple stupid question. Do we have to attach passport size photos when applying for AP renewal?

Thanks in advance.

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yestogc

05-04 09:03 PM

YES, I just checked it is just the employee and not his family.
Thanks for correcting.

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ragz4u

05-09 09:10 AM

like family based etc.

Most probably today is History of legal immigration, tomorrow is family based immigration and Thursday they will talk about employment based immigration.

Keep an eye (or should I say an ear) out for Immigration Voice during the third part :)

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Blog Feeds

05-25 08:30 AM

As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.




More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)

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10-13 12:45 PM

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pappu

12-17 05:58 PM

core members:

I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.

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nfinity

02-12 01:26 PM

Hi,

Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?

Please let me know if someone else has been in this situation.

Thanks!

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eb3_nepa

08-11 09:58 PM

I'll take it all, where do I pick it up from? ;)

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adithi123

04-22 05:55 PM

I called up USCIS office. They have confirmed I need to send it to the one on the printout.

I have got my Receipt Notice

PS: I hunted on this topic for 20 minutes on the IV forum before I put this post..

-Abhi

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psaxena

09-30 07:51 PM

Free loader leave it , Now marketing vonage to get free 2 months.
When would you leave being so cheap

Hello all,

Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.

EB2 Guys, you should also help us even though if you are getting GCs faster...

Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.

(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)

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khyati

03-21 04:51 PM

I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....

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