Monday, July 4, 2011

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  • illinois_alum
    11-01 02:59 PM
    Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.

    Here's my situation: -
    1. I have been on H1 status for the past 6+ years.
    2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
    3. My wife's H4 renewal petition has also been approved.
    4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
    5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
    6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.

    At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?

    Thanks




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  • indianabacklog
    10-19 01:59 PM
    Anybody??:(

    You can request assistance from the airline. My elderly mother travels alone twice a year to visit me and the respective airline are always more than helpful, meeting her off the plane and making sure she knows which gate to go to etc.

    On a funny note she was most offended that they felt a wheelchair was appropriate and insisted that is only for old people. She is 77.




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  • laborinbacklog
    12-16 10:58 AM
    Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?

    Thanks


    we did it in Jan, 06 ....it looks 1.5 Month




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  • masti_Gai
    08-28 10:13 AM
    how could u open a company being on H1???
    how does ur friend work though???
    does he have a valid visa like a Green Card or something...
    coz am sure u couldn't have gotten him a H1 visa as u urself are on H1



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  • vayumahesh
    06-04 02:30 PM
    Last year, When I filed I-485/EAD/AP, I wrote the check in favor of DHS (abbreviated) and it was accepted.




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  • rajeshalex
    07-31 01:09 PM
    Hi All,

    My labor says
    1) College Degree Required: Masters or equivalent *
    2) Major Field of Study :Engineering/Math/MIS
    3)Other Special Requirements:
    * Will accept Bachelors + 5 years of exp in lieu of Masters
    * Computer Science or related field.

    I have done Bachelors in Electronics Engineering from India ( 4 year)
    1 Do I need to do an education evaluation for this
    2 Do I need to do a course by course or degree evaluation
    3 Can someone recommend the cheapest/low cost ones

    Thank You all

    Rajesh Alex



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  • wandmaker
    05-12 04:04 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.

    I am afraid not, you will have to talk to a tax consultant




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  • rajkraj
    11-06 02:04 AM
    Go to near by ASC, mostly they will do it.

    Mine also same postion, I got my FP appointment for 11/13 at chicago but I went to LA ASC on 10/25 surprisingly they didn't bothered about date ,time and place they taken my finger prints right away. So go to near ASC. best of luck.



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  • snathan
    02-23 06:59 PM
    I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.

    Please advice if I should refile with education evaluation from anothe agency.

    Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.

    They are not disputing your B.E but your PGDM...




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  • shined129
    07-08 08:58 AM
    Yes paid through ssn and paid taxes



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  • sidbee
    04-23 11:55 AM
    I have my PD as Nov 2007 on EB3 , and i dont know how much patient i would be for my GC.
    Can somebody guide me with the PR process for Canada,

    I am Computer Engineer with H1, and i need the requirements for Canada PR,
    eg , Do i need TOEFL or IELTS ? Do i need a Job Offer there? My Dads cousin brother is in Toronto, Do i get ant benefits (as it would be tough to prove the relationship)

    Any help would be appreciated..




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  • anoop4real
    11-23 02:13 AM
    Hi,

    My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.

    Thanks,
    -Anoop



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  • ssdtm
    11-20 01:06 PM
    >>>>>>2 H1 is possible as long as the hours you propose are within justification.

    Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.

    >>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer

    The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.




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  • belmontboy
    07-23 02:10 PM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

    was it no contest or did u plead guilty?



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  • gcformeornot
    11-03 02:40 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    you lawyer or employer can contact...




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  • ishreeram
    03-14 09:02 AM
    In such cases, contact your local Congress representative. They will help you out real quick.



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  • immmj
    01-11 02:31 PM
    BTW, my wife is out of US right. She came here and went back half year ago with visitor visa.




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  • sampath
    04-17 09:21 AM
    www.immigration-law.com

    04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD

    USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
    The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.




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  • katrina
    06-15 04:53 PM
    Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.

    Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.

    Please eloborate.

    Thanks!

    You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.

    if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.

    Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.




    waitnwatch
    10-04 01:44 PM
    Just curious. Do you know of any reason why he might make way for someone else?

    Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.




    Kapils573
    12-11 12:55 PM
    Priority date : May 2006
    EAD : 2 yrs



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