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perm2gc
11-10 10:52 AM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
If you have changed status from H4-H1..how come you entered on H4 again..
As per my knowledge your H4 status ends once your H1B is approved and if you go out of country..you have to get your H1B stamped and enter the country...

I may be wrong ,please consult a good immigration attorney
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fromnaija
06-22 06:45 PM
The short answer is yes. Once you have an approved I-140, you can ask to be accorded the PD on any subsequent I-140.
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zephyrr
05-22 09:40 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.

anyone been through this situation and has more details?

thanks
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Buickkadar
05-11 01:31 PM
Hi

I have an urgent query. Please help.

I was laid off from my company AA during last week of March-2010. I have not yet singed the lay off letter. And I was rehired by the same AA company on second week of May. I have valid I 94 for next 2 years. But my visa got expired. I was out of payroll for a month. I dont have last 2 payslips.

I have joined the new client through the AA company few days before. My AA compay is asking me to go my Home country and get my Visa stamped and come back. Is there a way that I can continue the employment here without travalling to my Home country at this point ? Are any other better solutions / ways.

Immediate response highly appreciated.

thanks
kadar
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jcrajput
10-19 08:27 AM
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)

I have following questions:

1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?

Please help. Thank you in advance.
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navdeep.mahajan
03-08 04:13 PM
I am living in US and am currently on AOS (Adjustment of Status), my mom is staying with me on tourist visa but her visa expires in middle of June this year. Last year my father expired and my mother is incapable of taking care of herself alone (she is suffering from pysio frania which basically means she fears strangers and repeats stuff) so i would like to apply for Visa extension for her. Can anyone suggest what points i should take care of while applying for Visa extension for her? or is there any visa under which i can have stay with me in US as dependent??
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ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:

My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

thanks in advance, appreciate comments

UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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rama0083
11-26 03:24 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.

My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.
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amitk81
07-14 06:47 PM
This morning I received a phone call from NAVRS (appointment system) about my H1B appointment.

The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?

My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).

Can anyone share his or her experience in a similar situation?

Thanks

Amit
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ca_immigrant
04-29 09:06 AM
I think this office has more folks...
anyways, I do not know for sure.
Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...

yesterday when I created this post I was in q waiting to talk to someone...

waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)

I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act

Travisa is horrible !!
:mad:
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loudobbs
07-18 09:58 AM
I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:


An answer will magically appear after you have contributed to the IV cause.
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factoryman
06-19 03:36 PM
It is their error and mistake. There is no time to correct. So, officer should understand.

becuase, his / her previous approval notices / I-94 copy on approval notice - the lower left part and I-94 the lower right part should have correct start and end dates. he can carry them.

In my son's I-94, the one previous to the lat/latest one, his country of citizenship was notes as Oman (and not India). During the last renwal, it was corrected to India. My attorney placed a note.

I went to Vancouver, BC in March 07 and got H1s stamped.

Any other experiences. Please, take a moment and share.

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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permfiling
09-27 10:40 PM
hi smuggymba,
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

Take the advise of your attorney as well
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mrdelhiite
07-01 03:35 PM
for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'

The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .

Please suggest and sorry if this si a repost. I could not find a exact answer.

Thanks
-M:confused:
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Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:

Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.

Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)




More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
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gc2
09-10 02:05 PM
Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?

Is this a valid circumstance. Has anyone been in a similar situation.
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kaisersose
07-17 09:35 PM
Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.

However, as long as you have a solid case, there is nothing to worry.
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pthoko
07-13 12:04 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??

Or one has to go and get the visa stamped to qualify as lawful entry??

Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??

Thanks.
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sammielee
07-01 01:38 PM
I already had my meeting for permanent residency and it remains pending until I submit to them a more detailed version (the long form) of my birth certificate. They did have my original but it was not the one they wanted and I was unaware of this until the end of my meeting. I have been given a deadline and although I have applied for the certificate that the US immigration wants, it has not yet been delivered. The hold up has not been with me but with the government offices that process the certificates so there has been nothing I could do. The deadline is fast approaching - I'm concerned that they will toss out my whole claim (as was indicated on the notification they gave me) if I don't get it to them on time. Will they allow me and extension on the time? I am not working through a lawyer. Thank you.
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fromnaija
02-01 11:50 AM
Depending on your state of residence this may not be enforceable on the part of vendor "y" as this is restricting flow of labor. Find out what the labor law says about such situation in your state.
Also since vendor "y" is not your employer such a restriciton may not apply anywhere!
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donsimahajan
06-22 11:41 AM
Right, they're going to take one step forward, and two step backwards. Because the moment they take one step forward, they get flooded with applications they can't handle.
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