Thursday, June 30, 2011

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  • ivgclive
    04-20 03:48 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....

    You are perfectly OK.

    Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.

    Premium? If $1300 is not a matter for you yes.

    RFE response & Premimum are two different channels now in your case, they will be updated separately.

    Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.





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  • gcformeornot
    04-09 01:35 PM
    can be paid by employee....





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  • deardar
    06-18 09:57 AM
    I asked the same question yesterday at POE Boston.
    He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.





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  • eb3_nepa
    02-25 07:47 PM
    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485

    Can you post any supporting documentation for this?

    Thanks



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  • zCool
    03-31 11:27 PM
    Last Status counts situation DOES NOT apply here.
    That rule applies to situations where you've gone from h1b to h4 or ead etc..
    In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
    BUT you can ONLY work for 1 employer at a time..
    Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..





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  • martinvisalaw
    03-22 07:09 PM
    I just found out that my employer did not update the work location on my LCA. I have been working in new jersey for over 4 years now. I have my primary address as Indiana and my company is registered in Illinois. I got payroll on Illinois for 2 years and now NJ for 1 year. How can i correct this? Is it too bad a problem already?

    I don't know what location was listed on the LCA, but since you moved before a new LCA was filed, the employer needs to file a H-1B amendment to correct the situation. If there was a new LCA filed before you moved, no H-1B amendment would have been needed.



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  • ps57002
    09-16 11:19 AM
    This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..

    I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.

    Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.


    Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.





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  • sammyb
    02-16 11:57 AM
    DS 157 is required based on age of the applicant ... your dad may not need but your mom need it ... pls check the vfs site for age range for DS 157 ...

    hope this helps

    HI,

    I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.

    So the final list of documents it generated was :

    Dad's ds 156, Mom's ds 156,157 , interview letter.

    Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?

    Thank you for your time.



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  • ivuser9
    10-01 03:37 PM
    is it .com ?





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  • akilaakka
    04-25 09:49 AM
    The president can do very little about this. Indeed he tried. It is the congress .



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  • GC_SUCK
    10-27 11:03 AM
    I could not understand what you mean by "NON-RIR labors were being processed first compared to the RIR ones. "

    From AILA and immigration-law.com:

    "AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."

    I think we will not see a lot for Traditional Cases for a looong time.

    My NON-RIR - PD - 04/2002 is also stuck in BEC.


    Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.





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  • joolie1
    02-08 09:29 AM
    I DO have a Permanent Resident Card, which expires 08/27/11 but they also issued me an Employment Authorization Card. From reading your question, I wonder if the EAC was only issued to get me through the period of time during which my application was being processed. If that's the case, I would be VERY much relieved!



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  • senk1s
    11-03 04:58 PM
    my 2 cents:
    processed is different from approved





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  • vaishnavilakshmi
    06-19 02:36 AM
    Hi,

    Eb2 Priority date (priority date-june2004) , I-140 approved
    Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
    1st jun 2007 .waiting for i-140 approval.


    Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????

    Attorneys and members,
    please suggest me,i have only 1day left for decision,

    vaishu



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  • shaikhshehzadali
    07-06 06:44 PM
    Where did you get "25" days from? Also, wouldn't it depend whether you sent it to NSC or TSC?

    Thanks,
    Jayant


    Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..





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  • 987Image
    July 4th, 2006, 01:18 PM
    I know nothing about guitars and even less about motorcycles. But I do look forward to seeing the pictures that you will be taking as you travel.l



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  • seemashah
    02-21 04:26 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.





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  • sledge_hammer
    07-01 09:10 AM
    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use?
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

    What should I enter here?
    __________________________________________________ _______________

    Thanks in advance!





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  • caprianurag
    11-06 01:02 PM
    I got one LUD on my AP after the receipt date and before I did FP.





    cagedcactus
    06-26 06:46 AM
    I am sure the idea is nice, but have you seen the immigration support polls among American citizens?
    with struggling economy and jobs, less and less Americans are supporting any kind of immigration. Legal, or Illegal, they dont care. No one, I mean no one will support us in a way that can be heard by media and the people in high seats. This is our battle and we must fight it alone. Others will help only if we show green, or some kind of benefit of their own.





    sankap
    07-25 03:34 PM
    She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.

    The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.

    -Morchu

    I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.



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