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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan





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  • kirupa
    01-17 09:22 PM
    Added!





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  • bbenhill
    02-27 02:48 PM
    either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.

    ps : give me green if this helps.

    Thx


    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris





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  • nozerd
    02-13 06:02 PM
    I have been current for a while too. In 3 months I will complete 10 yrs with same company and this August it will be 8 yrs since filing for GC.

    I am working through my senator also as the service request procedure at USCIS is totally crap. I dont even know why its offered .



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  • walking_dude
    06-22 11:05 PM
    Tennesseans, I have moved into Nashville suburbs from Detroit. I have the experience of leading MI chapter for sometime (through the critical juncture of MI DL denying DLs to temporary residents).

    I can definitely organize folks from around Nashville. I can also help guys from Knoxville, Memphis etc. form local chapters there if there is any interest in being active part of the IV movement.

    Interested in you meeting you all and helping IV from Tennessee.


    any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!





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  • teky
    03-25 11:31 PM
    You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.

    As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.

    Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.

    Regards,

    Teky.



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  • txh1b
    08-17 09:47 AM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.


    That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.

    Either the VO that took your case wasn't well versed with the law or made a mistake.





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  • optimystic
    09-15 11:58 AM
    There's actually two more


    USCIS FOI :
    http://immigrationvoice.org/forum/showthread.php?t=21456

    F Cube campaign:
    http://immigrationvoice.org/forum/showthread.php?p=287470

    You dont have to discuss all of these...but if there is any good thoughts/ideas you could extract from the above threads , that would be good enough.

    Regards.



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  • neobuddha
    10-14 03:28 PM
    You can provided:
    a- If have not used your AP, if it is single entry
    b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.

    Good Luck,

    -Neo





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  • paulkurni
    06-17 05:37 PM
    Dude,

    This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.

    If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.



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  • absaarkhan
    01-31 12:06 PM
    I-94 validity given by immigration officer over-rides the I-797 I-94 validity

    Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
    USCIS with your I-797. This is Per the "Last Action Rule".
    When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

    Anyway, its too late now and you have the following 3 Options:

    1. You can go any of the Customs And Border Protection deferred Inspection sites
    and get it corrected, refer to link below to go the site nearest to you.
    Also, it DOES NOT have to the same city where you entered US. You can
    go to any site.
    http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    2. You can go out of US and while entering back you should make sure you use the
    Latest Approval. You can go to Canada by Road and Come back.

    3. File for H1B Extension before June 2008 which is the Current I-94 date on your
    Passport

    Other Senior Members feel free to Add more Options.





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  • hoggus
    11-29 06:23 PM
    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.



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  • colors
    09-04 11:47 PM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance





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  • martinvisalaw
    02-23 06:04 PM
    YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.

    You need to intend to work for the sponsoring employer once permanent residence is approved.



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  • getgc2008
    07-31 12:32 PM
    Yes my lawyer confirmed that I140 and I485 has to be filed at the same location.





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  • whattodo
    06-30 12:58 PM
    My online status changed from approval sent to pending. Did you any further update?

    My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
    Did anyone else encounter this?



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  • rkotamurthy
    09-16 02:03 AM
    If you ask " Why Am I responsible for low media attention?" My answer is each and every Legal Skilled Immigrant is responsible for this. We are a tribe who do not believe in shouting on the roads. We think this is cheap!

    Trust me, this is not being done in any cheap manner. It is not cheap to ask what you deserve. It is not cheap to express one's opinion in a diginified manner not offending anyone. It is not cheap to explain your problems to your lawmaker.

    If you think that participating in this rally is cheap and only uneducated would shout on the roads, then come to DC to witness PhDs, MBAs, PMPs, CPAs, Attorneys and some of the brightest and the best minds shout at the top of their voice to fix the broken immigration system.

    Sounds unbelievable, come, witness it for yourself on Sept 18th at Washington Monument.





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  • number30
    06-15 11:54 AM
    If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate

    Birth certificate issued by Indian consulate is not accepted. It needs to be from original source. Submit as it is. If they ask later you can submit affidavit from Parents or nearest relatives.

    http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html





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  • lelica32
    11-05 11:31 PM
    Please send him letters to the following address:

    Barack Obama
    5046 S Greenwood Ave
    Chicago, IL 60615-2806


    Let him knows about our problems.

    I will send tomorrow a letter.





    sukhyani
    03-05 02:05 PM
    About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.

    LOL! I hope I am approved soon :)





    styrum
    02-13 11:50 AM
    Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!

    http://online.onetcenter.org/help/online/zones

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
    (if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)