Thursday, June 23, 2011

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  • boston_gc
    05-30 10:04 PM
    Thank you everyone.

    I did my share and sent the webfax.




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  • gc genie
    12-30 09:04 AM
    Can I apply for H1 B extension on my own or does it have to go through an immigrtion attorney?

    I will be applying for 7th yr H1 based on an ongoing GC process. I 140 approved . I 485 pending.

    Is this process any different from normal H1B application ( the first 6 years)

    Thanks




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  • Pagal
    01-18 06:41 AM
    Hello,

    Consult your lawyer on extensions and right paperwork..

    IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...




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  • ksiddaba
    08-22 11:43 AM
    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • maccaid
    06-22 02:17 PM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid




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  • EndlessWait
    12-07 03:09 PM
    databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.

    its so weird, Oh USCIS have mercy on us. go IV



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  • ujjwal_p
    06-02 06:12 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

    I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.




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  • eadguru
    10-31 08:19 AM
    Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints



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  • jiraprapaasa
    04-22 01:18 PM
    My niece get a visa denial yesterday.
    The consular said that she cannot speak English therefor they cannot issue a student visa for her to come to study 8th Grader in the US. What should I do to help her now. She really want to come study here.

    Can I re apply or aplly in a different visa type...?




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  • thepaew
    02-09 01:41 PM
    Hello Pappu,

    I can write this. Please let me know the word count. When is the deadline?

    BR

    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference



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  • msgoud
    03-09 11:30 AM
    new developement is that HYD consulate called him for rare second interview,atleast that the email says
    any idea what to expect,it seems that they want stamp visa cancelled
    should we expect any different




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  • oliTwist
    01-16 06:14 PM
    I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.


    Please vote up on our causes! Easy job..but please act!



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  • kumargovin
    06-03 10:33 AM
    I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.




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  • number30
    04-25 01:57 AM
    Checked with my company lawyer. According to them it is a separate document from marriage certificate.
    I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
    I am not sure how will I get this document sitting in USA within 2 weeks.

    Is there any other alternative ? Has any one faced with this kind of RFE and has given
    some substitute for "Memorandum of marriage"

    It might be application you made for registering the marriage. I googled it and got this result
    http://www.karigr.org/download/hindu%20marriage%20forms.pdf



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  • jetflyer
    05-14 11:37 AM
    You are asking best of best in the area which has US most richest counties and for $300K.
    Its hard but housing market slowdown may work in your favor. Very good move, good luck.




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  • krishna_brc
    02-23 11:37 AM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.

    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    "http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna



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  • dish
    09-21 04:14 PM
    It is important to note that Congress plans to hold a lame duck session beginning on November 13 which could include action on some immigration-related measure. As a result, we urge you to continue to make your voice heard and not let up until our immigration system has been fixed.


    http://www.numbersusa.com/hottopic/congress.html




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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.




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  • number30
    04-25 01:57 AM
    Checked with my company lawyer. According to them it is a separate document from marriage certificate.
    I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
    I am not sure how will I get this document sitting in USA within 2 weeks.

    Is there any other alternative ? Has any one faced with this kind of RFE and has given
    some substitute for "Memorandum of marriage"

    It might be application you made for registering the marriage. I googled it and got this result
    http://www.karigr.org/download/hindu%20marriage%20forms.pdf




    veni001
    01-18 05:49 PM
    Thanks for the reply
    I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
    if i get an I40 with EB3 and move to another EB2 employer
    It will result in me losing everything except my priority date
    but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
    in that case I lose everything and need to start from scratch
    Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?

    -chehuan

    Copy of I140 approval notice. You can request this from USCIS using FOIA:)




    ameryki
    06-20 10:11 PM
    wife is a bug that can't be debugged no matter what's the fix

    desighee watch out she could swahaa you mate



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