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  • desitechie
    06-03 06:17 PM
    My current AP expires on 2 Aug 2009. I applied for renewal on 2 May and it was approved on the 20th. But the validity is only till 19 may 2010 and not 2 aug 2010.

    I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?

    Please advise.

    Thanks





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  • newlab
    08-18 07:33 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.





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  • jville
    10-29 04:31 PM
    I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
    Appreciate if have any input/info on below,

    1. How much typically a Fed court case cost?
    2. Any recommendation of good attorney for this?
    3. Any other information/input





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  • loku
    08-16 08:03 PM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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  • engineer
    12-11 08:02 PM
    this is greta idea! and I have seen it used in my comany ..
    and people are motivated! you can see from recent campaign...people have contributed to 30K goal and we are near!!!!!!!!!!!





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  • jdshah
    08-04 11:55 PM
    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.



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  • sundeep14
    07-14 04:56 PM
    Thanks for quick responses..my worry is that USCIS should not put my 485 case in storage just thinkin that my 140 is not approved...though i have the approval in hand they have the online status as processin..i wonder how they follow procedure while approvin case...





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  • Steven-T
    January 30th, 2004, 02:40 PM
    In my opinion, one of the more intriguing product announcements from Nikon today was the Coolpix 8700. If it improves significantly from the Sony, that could be a killer product. Right now, Canon is lacking a bit in the true consumer DSLR market. But then again, PMA is right around the corner. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=122&mode=thread&order=0&thold=0) for the 8700 infp.
    The Sony has Zeiss glass and 28mm WA. But the CA and Noise are horrible. Isn't the Nikon 8700 has same sensor size as the Sony 828? Wait and see how the Nikon performs in those deaprtments!

    Steven



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  • MrWaitingGC
    09-08 07:26 PM
    As long as visa is stamped she can enter us on the last date of expiry of visa.

    If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.

    Check with attorney that I am correct :)





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  • dealsnet
    12-01 03:30 PM
    Check recent visa bulletin. Now a days, bringing spouse by Citizen and GC holders are of not much difference. Go to India and do the marriage, and come back and file I-130. December bulletin calling for August 2010 filers. Forget about H1B and F1.

    Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;

    INDIA
    08-01-10



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  • GCard_Dream
    06-30 07:23 PM
    Both my wife and I also received a RFE on June 29th but don't know the content of the RFE because haven't received the CIS letter yet. I did submit the BC, however, so I hope that the RFE is not for BC. I don't know what else it could be.. I have been scratching my head since I got the email yesterday. Also called CIS but they wouldn't tell me what the RFE is about.





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  • Blog Feeds
    08-12 09:50 AM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:



    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.


    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)



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  • ramus
    09-08 05:19 PM
    GA members, please join this group asap..

    Lets be all together and help ourself.


    Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.

    http://groups.google.com/group/goivgaiv





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  • ya3
    04-17 07:37 AM
    rofl!!!!!!!! :beer: I use messenger but still, its very funny!
    //Gah! Sifn't Trillian :P

    Thanks for the props, guys. I hope the K-man'll accept it... :sure:



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  • cooolvick
    06-19 03:18 PM
    Hi all,

    This is for my friend who got his 3 year H1- B extension recently.
    He planned to visit India for stamping and already booked the air ticket + consulate appointment.

    But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
    Though the END date is correct, Is it going to cause any problem in his Visa stamping?
    He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.

    His lawyer says it is a very minor problem and will not affect the visa stamping.

    Please share any similar experiences / ideas.

    Thanks a lot





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  • 485Question
    09-18 12:32 PM
    Feeling bad for not making it. Looking forward to see our heros pics and videos

    Live

    http://dcrally.blogspot.com/2007/09/live-photo.html



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  • sumit2007
    05-27 03:15 PM
    Hi All

    I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
    SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number

    Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number

    Thanks in Advance...





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  • austingc
    04-29 05:45 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?





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  • Ramba
    10-27 05:11 PM
    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21? No

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.

    3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
    Thanks in Advance....





    McLuvin
    04-16 03:38 PM
    IV, you guys are doing it.....

    I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.

    Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?

    BR,
    K





    singhsa3
    10-16 04:12 PM
    Welcome to the world of USCIS!
    What a crazy system..
    Hi Guys,

    On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
    My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven’t done any mistake.

    In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don’t know how long it will take now to get her receipts and how long she can stay.

    I have tried calling USCIS – Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.

    Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?

    Thanks
    skb