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  • ajju
    07-23 11:14 AM
    Are we supposed to get every year?? did ur friend apply EAD renewal online ?

    I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...

    This must be for bad FP or for missing FP for self or any family member...





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  • vali
    10-23 01:13 PM
    No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
    Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
    With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
    Do not lose hope.
    -------------------------------------

    I'm sorry, few details.
    Yes, the lawyer said that he will file to Nebraska.
    One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
    About the fees:
    U.S. Government Fee: I-140- $475.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

    the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?





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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. 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. For continuous FY2011 H-1B Cap updates, please refer to our website.


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)





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  • GlobalCitizen
    07-27 10:31 AM
    Thank you every one for your help. I have decided to apply!



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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram





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  • bluekayal
    08-20 05:41 PM
    I spoke to a TSC Immigration Information Officer (not customer service). he says they have about 9000 service requests they are looking at. Generally they are not supposed to give status info, but this person does. He is a people-friendly officer.



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  • singhsa3
    06-01 08:31 PM
    My apologies, I thought your were talking about H1 Labor
    It will be great if someone can send me any reference to confirm that it is illegal..





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  • mirage
    03-06 02:18 PM
    I'm from PA... I had called Senator Specter's Office earlier last week, today I called up Senator Robert Casey's office...

    You called office of which Senators?



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  • paragpujara
    04-05 08:30 AM
    Yeah I will consult a lawyer but before i contact him just want to make sure whatever my employer is explaining is correct or not..

    Thanks for your valuable advice.





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  • fide_champ
    03-28 05:59 PM
    Based on the information, it seems like the consulate is not convinced about the employment or the client letter was not sufficient to prove the employment. You might have to seek help from lawyer sheela murthy to find out what the US consular is looking for in a client letter.

    I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.



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  • TomPlate
    01-09 04:04 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))
    It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.

    All EB priority dates are current.





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  • Green.Tech
    08-03 05:13 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    What was the reason of denial please?



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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.





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  • webm
    09-25 03:02 PM
    If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.

    After she starts using the EAD for work then only lose H4 status ....



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  • sravani
    05-24 10:28 AM
    Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

    It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is "Get your priority date locked by applying LC under the old system".





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  • GCplease
    03-25 02:21 PM
    I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.

    The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.



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  • jonty_11
    07-26 02:44 PM
    check teh 'Stuck in FBI namecheck' thread on this forum..





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  • fide_champ
    03-28 05:59 PM
    Based on the information, it seems like the consulate is not convinced about the employment or the client letter was not sufficient to prove the employment. You might have to seek help from lawyer sheela murthy to find out what the US consular is looking for in a client letter.

    I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.





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  • renupond
    10-04 05:02 PM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)





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    eilsoe
    10-03 12:43 PM
    did ya...?

    Hmm, must check it then....



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