Wednesday, June 29, 2011

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  • samrat_bhargava_vihari
    05-27 04:22 PM
    Two weeks is normal. We filed paperbased renewal last month end and it got approved.

    FYI
    though it is difficult to identify the EAC/SRC no in soft copy of check.
    If you can able to print the back side of check you can easily figure out the EAC/SRC no.




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  • in Andy Murray Semi Final


  • WeShallOvercome
    07-12 01:37 PM
    They might accept the application but send in an RFE with a request to pay the difference ;)




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  • snathan
    02-23 06:59 PM
    I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.

    Please advice if I should refile with education evaluation from anothe agency.

    Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.

    They are not disputing your B.E but your PGDM...




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  • radhakrishn
    07-12 06:01 PM
    I'm an unmarried Indian national and came to the US on H-1B visa. My father petitioned for me in FB F1 category. My priority date is September 1, 1999. I applied for AOS in the US and received my EAD and AP. I recently met a girl doing job on H-1B(Indian national) and we will like to tie the knot in near future. I was wondering if it would have any effect on my AOS processing( I do not have the actual Green card yet). Will my category change to F3 if I marry her now? Any suggestions/ideas are welcome.
    Thanks.



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  • desi3933
    04-02 08:44 AM
    Gurus,
    I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.

    My GC is in process and not filed my I-485 yet.

    Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback

    Thanks

    No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.

    Time spent on H4 or L2 does not count towards 6 years for H-1B.

    As per 8 CFR 214.2(h) (13) (i) (B)
    When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad



    ________________
    Not a legal advice.




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  • dealsnet
    01-07 09:17 AM
    Go to Airport for a defferred inspection. They will correct it. Many people here got it corrected. Don't waste time here for answer thomacha.........

    Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?



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  • gc_kaavaali
    07-09 12:45 PM
    thank you very much for all your replies.




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  • ras
    01-11 11:26 PM
    Hey here is a situation:

    I have over 7 years of experience in IT
    Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
    Have a diploma (1 year in computers)
    few other computer certificate courses.

    I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
    My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.

    So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.

    So what do u guys think that my company attorney is correct.

    My understanding is that with the above qualifications, I am eligible for EB2.
    Am I wrong????



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  • desi3933
    02-18 11:36 AM
    ......
    As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

    Will this be a big problem in the future in terms of Green card processing?

    ......
    ..... I don't know much about the legal process.

    Thank you!

    First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.

    Read this pdf
    http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

    You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.


    ________________
    Not a legal advice.




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  • jeda
    05-16 01:09 PM
    ^^



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  • Andy Murray and Novak


  • mhathi
    03-06 02:11 PM
    As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.

    Others can correct me if I am wrong.




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  • Ann Ruben
    02-01 09:50 PM
    Deepadandamudi,

    Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.

    As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.



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  • cbadari99
    11-11 09:56 PM
    3.5 cm x 3.5 cm is the specified size that I found in CGI Houston website




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  • jkays94
    06-21 06:46 PM
    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?

    I-485 part III would require you to answer 'yes' to the following question:

    Have you ever, in or outside the United States:

    been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

    Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.



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  • arc
    10-11 07:53 PM
    http://immigrationvoice.org/forum/showthread.php?t=13046

    Pls. go there and update your information there I ahve applied 3 mos back no FP yet.

    Pls. upadte your data on the above post...




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  • Australia -- Andy Murray


  • patiently_waiting
    01-30 09:42 AM
    andhrawala, that is not correct.

    Please check here with Ron Gotcher's Reply regarding this

    Adding spouse to AOS (http://www.immigration-information.com/forums/general-immigration-questions/10084-adding-spouse-to-aos.html)



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  • Jerrome
    05-20 04:46 PM
    bump...




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  • (images via andymurray.com)


  • bauchermark
    08-19 12:53 AM
    I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?

    Thanks for your help. I pray no one should go thru these type of issues in thier life.




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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.




    sodh
    07-27 06:58 PM
    This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.
    The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.




    logiclife
    02-19 11:08 AM
    There is a whole thread dedicated to priority date transfers after approved 140. I would suggest you read the whole thread as its very very informative.

    There are many things that have to be considered before quitting and joining a new employer if you expect to port your PD from existing case to a new case of Greencard.

    See this: http://immigrationvoice.org/forum/showthread.php?t=912

    Closing this thread coz its redundant and the older thread offers more information and experiences.



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