Friday, June 17, 2011

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  • GKBest
    12-26 06:31 PM
    Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).

    Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?




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  • jayleno
    10-08 02:30 PM
    Yes I did.
    Did you take original 485 receipt with you?




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  • ImmInd
    06-09 08:36 AM
    You do not need Visa to Travel via Germany if you are citizen of Destination Country.

    So, Indians do not need visa to travel via Germany when you travel back to Home Country (India).




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  • silpa_23
    05-19 06:08 PM
    Greetings,

    In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.

    Thanks in advance.

    In August 2006.
    1. Employer A
    2. I was Single.
    3. Files I-140 and I-485 concurrently.
    4. Schedule A expired.
    5. Application moved to Eb3.

    In June 2007
    1.Employer B (Moved in June 2007 via H1b transfer).

    Married in 2008.

    April 2010.
    1. Employer B.
    2. New I-140 filed in EB2, approved.
    3. Ported EB3 PD of Aug 2006.

    May 2011.
    1. PD will be current in June 2011.
    2. I need apply I-485 for my spouse.

    Do I need to re-apply for I-485 and G-235a for the principal applicant.



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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • paskal
    10-02 05:03 PM
    C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.

    You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.

    Please help make the SoCal gathering a resounding success!



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  • peer123
    04-16 09:56 PM
    bumping...




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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!



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  • augustus
    05-12 02:59 PM
    Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.

    It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.

    I don't know. I am so confused.




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  • abhi_jais
    01-31 10:38 AM
    Here is the Text of Bill:

    Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)



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  • lalithkx
    07-29 05:54 PM
    Did anyone ask about EB3-India backlog?


    There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)




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  • rsrajendran
    07-19 01:05 PM
    Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..

    In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.



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  • mlkedave
    03-06 06:34 PM
    ill vote for u then paddy

    thanks for telling me about the duplicate




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  • morchu
    04-23 12:32 PM
    Do not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
    Dude,
    You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.



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  • doubleyou
    05-18 03:30 PM
    Rvendra, Looks like we are in the same boat.

    1)Did you check with the Ombudsman too?

    2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?




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  • amslonewolf
    04-23 09:59 AM
    Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..



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  • rogerdepena
    08-01 11:30 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.




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  • ss1026
    08-03 04:32 PM
    This is the latest on my LIN number ...

    Response to request for evidence received, and case processing has resumed.

    What does it mean ... Any Ideas folks ...

    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it




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  • vinabath
    03-24 03:10 PM
    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

    Nice one buddy. LOL.




    keepwalking
    05-20 06:52 PM
    It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

    I have started the following thread

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

    Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

    I am fine with any of the above.

    Hello,

    I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

    Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

    Thanks!




    sk8er
    04-14 04:00 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?

    5. Would the consulate cancel my B2 visa after stamping H1-B ?

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?



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