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  • perm2gc
    09-06 01:07 PM
    Her petetion is filed in May. And she travelled out of USA last month. So you need to do is to start working and get a visa stamp of H1 when you go out of the country. Can you please stop advertising on the board about your company..




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  • waitingnwaiting
    11-10 09:50 AM
    It does not look good. Has been oral arguments for some time now.

    Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)

    Is there a time limit to lawsuits?




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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.




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  • mariner5555
    04-29 04:00 PM
    I came across this one very interesting read on how the Visa cutoff dates are established...

    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
    I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
    say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
    (In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)



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  • Blog Feeds
    07-08 11:30 AM
    Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.

    The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:

    · Birth certificates of children,
    · a copy of the rent/apartment lease,
    · mortgage payments,
    · joint filing of tax returns,
    · utility bills evidencing both names,
    · copies of pictures,
    · itineraries or boarding passes,
    · insurance coverage listing both names,
    · joint bank accounts,
    · driver’s licenses evidencing both names,
    · letters from family regarding knowledge of the marriage (including envelopes with postmarks),
    · receipts for items purchased together (ie: furniture),
    · cards written to both for a holiday, birthday, anniversary.

    Other documents accompanying the Form I-751 include:

    · A copy of the conditional residence card,
    · Two passport style photos for the applicant,
    · A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
    · A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.

    Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.




    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)




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  • roseball
    09-01 05:56 PM
    Thanks a lot for giving a reply on time.

    I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".

    If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.

    If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.

    Hope this helps and you take the necessary action.



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  • greenlight
    08-27 08:54 PM
    Here is the thread for people who filed AOS between July 17 and Aug. 17. You might find people in your situation.

    http://immigrationvoice.org/forum/showthread.php?t=12765

    I just got my receipt notice today.

    Get involved with collective movement and the DC rally on Sept. 18. I can't attend, but am contributing $ toward someone else attending the rally.




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  • kirupa
    06-21 03:04 PM
    You interpreted it correctly and your entry flies very nicely under the guidelines! :)



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  • retropain
    08-02 01:11 PM
    Because of the shortage of talent companies are moving their operations abroad. Wells Fargo just announced they're opening a technical center in India. No wonder the H1B and EB visa reform is long overdue...
    ===

    I suggest we compile such stories on this thread...


    Wells Fargo to open tech center in India
    Bank says the opening is not a cost-cutting move, but a result of a shortage of qualified technical talent in the U.S.

    By Reuters
    Published: August 1, 2006, 10:46 AM PDT

    U.S. bank Wells Fargo on Tuesday said it plans in the fourth quarter to open a technology facility in Hyderabad, India, citing a shortage of qualified technical talent in the United States.

    The San Francisco-based company said the opening is not a cost-cutting move, and will not result in the loss of U.S. jobs. It also said it will not employ customer service personnel or manage customer data at the facility.

    U.S. commercial banks with large India operations include Citigroup and JPMorgan Chase.

    Wells Fargo said the facility will provide technology resources, including software development. It plans at first to hire 30 to 50 people for the facility, and might employ as many as 300 next year.

    "This is simply about supply and demand," Victor Nichols, Wells Fargo's head of technology information, said in a statement. "Like most major U.S. companies, we're facing a shortage of qualified technical talent, and we're not able to continue to meet this growing demand for such talent here in the United States alone."

    Nichols said U.S. computer science graduates have fallen by about one-third in the last four years, while more technology and operations specialists are coming from India.

    Wells Fargo said it employs more than 153,000 people in North America. It expects to hire more U.S.-based technology specialists as talent becomes available.

    "The comparatively small amount of work we're planning to do in India--the same as work done for us today by outside contractors, some in India--is not motivated by cost savings and thus will have no effect on our U.S.-based employment," Nichols said.




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  • pd_recapturing
    06-14 09:35 AM
    Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.



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  • saravanaraj.sathya
    07-25 12:45 PM
    I think we should make this thready a sticky so that everyone could reply.




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  • p_aluri
    07-24 03:13 PM
    PD has nothing to do with EAD processing. They're not linked.

    There is no Priority Date on my I-485 receipt notice. Is that a problem?



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  • mbawa2574
    07-30 06:41 PM
    I am ready to Volunteer.




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  • mikoo
    03-26 03:13 AM
    Anyone interested in meeting lawmakers in Houston area email me at meetthelawmakers@yahoo.com. Also , do mail your phone number so, that we can arrange this asap!



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  • smisachu
    03-30 03:46 PM
    Can you give details of the Cruise? I am thinking of an Alaskan cruise too.




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  • kevinkris
    01-22 02:33 PM
    Hi All,

    I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.

    What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?

    Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)

    Thanks,
    Kris



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  • Reggit
    10-13 12:52 AM
    I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.

    Thanks again. :A+:




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  • sparklinks
    09-16 03:27 PM
    I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.

    Good luck


    Thanks, I will do that on 18th..took Infopass




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  • gcgonewild
    02-13 05:38 PM
    My colleague's spouse was detained and questioned for 2 hours at EWR.

    If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.

    This is getting way too far..

    If they have a beef with H1s, they should take it with H1s.




    ssg.gcl
    10-12 04:31 PM
    I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.

    My question is does my labor expire, If I dont use it to file 140.

    Thanks for your advice.




    trueguy
    03-23 06:45 PM
    Port of entry doesn't matter. You can leave from JFK and come back through California. It totally depends on your airlines and the route you choose. I have done it many times.

    Not sure about 2months left on your visa thing. I don't have any comment on that.



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