Thursday, June 30, 2011

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  • Prashanthi
    08-21 01:39 PM
    My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.

    ------------------------------
    LC and I-140 Approved; EB2 PD 22 Feb 2008

    The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.





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  • newbie2020
    06-18 05:41 AM
    I need to clarify if you are working for employer A for say BS+7 yrs and want to apply GC through Employer A then the 7 yrs exp is not counted against experience ( very rare cases it can be considered if the new position is completely different)

    IF you are processing your GC for future employment with say Employer B then the 7 yrs is counted.

    Did that clarify your doubt





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  • njboy
    03-13 10:21 AM
    here are the visa numbers used in 2006 for EB2 and EB3.


    EB-2: India(3,720), China(3,347), Canada(1,248)

    EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)

    Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL





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  • kondur_007
    02-19 05:48 PM
    I am not familiar with the for I 130. But I can answer about 485:

    Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.

    Did you find it??



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  • HRPRO
    01-25 06:29 AM
    As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.





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  • sapking
    07-31 08:20 PM
    Have you talked to your attorney? They will guide you.



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  • bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.





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  • NikNikon
    July 4th, 2006, 01:32 PM
    Welcome to dphoto 12bar. Motorcycles, hmmmmm... lets see, my Dad used to race dirt bikes and I live in a apartment complex that shares the space with a cycle shop, that's as close as I get get there. Guitars, gotta love 'em, just check my signature link. Nikon D70 owner here. 2 out of 3 ain't bad. :)

    Current time lag between check cashing and receipt [Archive] - Immigration Voice

    View Full Version : Current time lag between check cashing and receipt




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  • guyfromsg
    07-26 08:31 PM
    hey guys,

    i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?

    I will appreciate any help.

    thanks

    ashish

    According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • jnraajan
    03-14 04:03 PM
    IV Members from Nebraska,

    I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.



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  • jthomas
    05-15 01:20 AM
    If you are in Eb1 you should get your GC soon.

    If your profile is incorrect please correct it.

    If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation

    J Thomas





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  • amengiv
    01-14 10:16 AM
    a2k2, Thanks a lot and best wishes!



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  • shishya
    11-30 05:52 PM
    Folks,
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!
    -Shishya





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  • roseball
    08-04 01:09 PM
    Hello I am leaving for India in two days and have still not received my H1B approval. The receipt date is May 19th 2009. It is being processed at the CA center, is there anything I can to do get it soon.

    It was a regular processing one, not the Premium processing one.

    Help please!!!!

    I am not sure what kind of help you are expecting from members. It seems you already are aware of Premium Processing (PP) service. If you had travel plans, you should have filed H1 under PP and not under regular processing. Anyways, you can upgrade your pending H1 to PP now by filing a form I-907 along with a copy of H1 receipt notice. But I dont think you will get your approval in the next 2 days. It usually takes atleast a week to 10 days to get it, that if its approved with no RFEs.



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  • snathan
    05-15 10:40 AM
    There are many people from Canada Commuting daily on H1. So it should be OK.

    Are they also getting new I-94 every time...:confused:





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  • insbaby
    08-25 11:09 AM
    H4 is completely depends on your H1, does not matter if it is an extension or new. If you have good to take it with other documents, if not, I don't think thats a problem. As long as you have all your H1 documents ready, she will get it.



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  • satishku_2000
    08-17 04:04 PM
    Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.

    Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.





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  • mrdelhiite
    08-22 01:49 PM
    any suggestion by IV core ?

    -M:confused:





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  • dreamworld
    10-25 04:41 PM
    IV memebers, mark your calender and Participate.

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm
    http://www.dhs.gov/xabout/structure/gc_1171038701035.shtm
    --------------------------------------------------------------------
    The Office of the CIS Ombudsman is hosting teleconferences to discuss your interactions with U.S. Citizenship and Immigration Services (USCIS). Join us to share your comments, thoughts, and suggestions as well as any issues of concern.

    Upcoming teleconferences:

    1. �USCIS Receipting Delay II � How Does This Affect You?� � November 2, 2007 2:00-3:00, EDT
    2. �N-648 Medical Waivers � How Are They Working For You?� � November 2, 2007 3:30-4:30 EDT.

    How to Participate
    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.

    If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.

    We appreciate your participation in this pilot program.

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





    kaisersose
    08-08 09:44 AM
    My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.

    But the July 2nd decision was reversed later. Why did they not file then?

    Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.

    On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?





    ashrock11
    06-14 08:02 AM
    Not on speaking terms. Not legally divorced also.

    Thanks for your responses.



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