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  • milind70
    06-25 09:39 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

    you dont require to file I 539 since she is out of the country ,so currently she has no status .





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  • zoooom
    05-05 04:10 PM
    i second that...





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  • chetanjumani
    03-14 02:35 PM
    And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.





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  • map_boiler
    07-18 09:26 AM
    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?



    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?



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  • lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.





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  • chanduv23
    08-02 04:38 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.

    This is taken from bibdaily. Being discussed in another thread



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  • sc3
    10-07 05:40 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.





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  • mzdial
    March 22nd, 2004, 10:41 PM
    I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)



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  • hebbar77
    05-28 02:52 PM
    I disagree with fee reduction. In fact I believe they should increase it and give poorer service as they always did.
    AND visa/EAD terms should be reduced to 3-6 six months so that people renew more often.

    Also how abt increasing the SS deductions on H1B/L1 guys? They dont need to give that back anyways. Most people even if they get GC/CITIZENSHIP will not live for more than 67?

    In fact above idea will bring US out of recession.





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  • imneedy
    03-24 04:00 PM
    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.

    Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.



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  • 485Mbe4001
    11-10 02:34 PM
    One of the funniest movies i have ever seen.:)..'swiss cake hai, thoda khao, thoda feko'

    I think we should still concentrate on taking to Sen. McCains office. Immigration reform was his pet project and now that the election is over he can muster up the bipartisan effort required to move this forward. Immigration is not high on Obamas agenda and i doubt you will see action from him on that issue. The other option is to keep pushing for the 5882 during the lame duck session.
    Meeting the first lady will be a waste of time and efforts...imo.

    Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.

    .





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  • maximus777
    04-29 09:57 AM
    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)

    From what I understand, GC for MS in STEM is not from a separate pool and it comes from the same EB one. This does not ensure a GC instantly, but will reduce the wait times to manageable levels for the retrogressed countries. On the flip side, non retrogressed countries too will experience wait times which they are not accustomed to so far. So it's a sort of spreading the "love" approach.



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  • abhis0
    09-12 01:28 PM
    I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
    Check my signature for the details. USCIS seems to be working overtime.

    Congrats tnite.

    How did you reach IO level 2? (I thought there is wait for 90 days)

    Do your receipts start with SRC or LIN?





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  • immigrationvoice1
    12-20 12:07 PM
    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance

    The H4 visa stamp if remains un-expired on the day she lands in the US is anough document for her to return back. AP is not required.



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  • India76
    09-17 01:48 PM
    Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
    I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...





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  • kum31
    10-04 12:10 PM
    Thanks for your response ...

    contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.

    so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?

    Hope it is clear for you ....



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  • easygoer
    05-15 11:31 AM
    sr225,

    Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2





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  • Winner
    06-18 03:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)





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  • lazycis
    01-15 11:15 AM
    Finally, I found it in the federal regulations. So it's the federal law.

    20 CFR Ch. V. � 655.731
    ...
    except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);





    pappu
    08-13 10:20 AM
    Thanks Pappu for your reply.

    I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

    Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

    Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

    If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.

    Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.





    bsbawa10
    08-15 09:56 AM
    Why are there two "Priority Date" columns?

    There is onlly one. The other ones are for the notice date and receipt dates