Monday, June 13, 2011

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  • prem_goel
    08-18 07:31 PM
    most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.




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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.




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  • getgreened2010
    11-22 12:04 PM
    Thanks guys. I guess I need to change my flight at the last minute.....!




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  • ImmigrationAnswerMan
    06-29 06:02 PM
    Your B-1 visa does not allow you to stay in the US during the gap.

    You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.



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  • sbabunle
    08-24 06:41 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.




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  • h1techSlave
    04-16 10:18 AM
    Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.

    I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.

    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008



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  • gc_seeker_ks
    04-13 04:33 PM
    This bill proposes H1B quota increase over next couple of years and exemption of advance degree holders from EB immigrant numbers. Helpful for sure if passed.




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  • PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.



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  • crazymish
    03-06 10:54 AM
    Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.

    That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?




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  • alterego
    02-20 09:44 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.



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  • nixone
    07-30 05:02 PM
    I applied on April 17th and got it approved on May 30th.

    EB2 or EB3? Master's degree or BS + 5 years?




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  • satish_hello
    08-21 10:45 AM
    Hi All,

    Can we follow up case details only with WAC Receipt from both TSC and NSC.

    Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.

    Thanks



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  • royus77
    06-18 12:35 PM
    Hey Bro, as far as I know they only test for HIV, Siphilis,TB and Gonorrhea. I am loking at the copy of my medicals right now and I don't see Herpes mentioned anywhere. So I dont think the blood test looks for that. So don't jump the gun and tell the surgeon that you have it. My surgeon didn't even do a genital exam only checked my groin for lymph nodes. SO as far I can see you will be OK. Just take it easy and go for the test. ;)


    Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?




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  • arrarrgee
    07-05 12:38 PM
    I am sure they would do that ...
    Just a thought...


    These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D



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  • jindal_sanjeev
    06-23 03:12 AM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you




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  • KKtexas
    01-09 05:26 PM
    We got back to USA on 1/7.
    POE: Dallas (DFW)
    We gave IO only passport and AP, got new I-94 in only 5 mins.

    Questions asked by IO:
    1. How long were away from USA?
    2.How was weather in India ? ;)

    Overall the experience with using AP was good.



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  • VivekAhuja
    06-02 07:34 PM
    No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.




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  • me_myself
    12-19 05:03 PM
    div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.

    Thanks.




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  • delhirocks
    07-18 04:15 PM
    That sucks. I have never heard anything like this...good luck




    OLDMONK
    07-06 01:07 PM
    Herndon, Va.: Good Afternoon Kelly, I am tried to ask the same question to previous reporters today in the discussion, but no one replied can kindly advice on this

    Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.

    My Question is why is media acting like an Ostrich on this issue? Answers anyone??

    FYI Some individuals and distinguished senators are on top of this already.

    Suit Planned Over Visas for the Highly Skilled (The New York Times, July 6)

    Rep. Lofgren Issues Statement on Updated Visa Bulletin (Press Release, July 3)

    Answered:
    John Kelly: Well I don't see that it's totally been ignored. And as you mentioned, there IS a story in the New York Times today. I don't know why this particular wrinkle might not have been covered as much as some might like, but I imagine the crush of other news might be partly to blame.




    xtronics
    06-11 03:13 PM
    This is my 6th yr (will enter 7th yr in Dec). I have approval until Dec'09. Does that mean I can apply for premium I-140 within 60 days of the end of 6th yr?
    This is confusing. Any help appreciated. Thanks



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