Friday, June 10, 2011

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  • getta05
    03-30 07:47 AM
    I am on L2 visa. You dont need to have to have a GC with L2?

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  • immi_enthu
    10-01 04:58 PM
    I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well

    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.

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  • go_getter007
    10-18 04:16 PM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?



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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.

    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.

    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).


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  • glores1970
    09-22 08:25 AM
    Anybody has information to offer for such a case ?

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  • cpolisetti
    04-10 05:12 PM
    I am from Oregon, glad to be of help. Sent an email.


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  • viva
    01-27 07:52 PM
    Excellent proactive attitude......This is what we need....

    I would like to make the following pledge...

    For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.

    Anyone ready to take up my pledge?

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  • lazycis
    09-25 03:07 PM
    Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.


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  • ds37
    10-19 12:29 PM

    I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.

    I would say Consult another Dr. just to be sure.



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  • ags123
    08-29 11:17 AM
    Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.

    I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
    (In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)

    The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer

    Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.


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  • validIV
    03-20 05:25 PM
    This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.

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  • GC_1000Watt
    08-05 04:09 PM

    The hotel I stayed was Shalimar, bit expensive about Rs 7000 a day. The hotel is really good with complimentary breakfast buffet. The consulate is walkable distance from the hotel. VFS also offers some facilities, please check with them.

    I did not have to pay addition fee because the new fee came in to effect later. I paid the equivalent of $131 for each applicant!


    You mean to say you paid $150 for each applicant. Right? Or you were done with stamping before June 4th itself?
    The new fee for H1B (effective June 4th,2010) is $150.


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  • alahiri
    03-27 10:48 PM
    With President himself lending support for immigration related reforms this is probably the best chance we will ever have to put the plights of legal immigrants waiting for a Greeen Card before the senate and the President. Is there any plan to pursue this with the Senate. I would like to request the Immigrationvoice esteemed members to please put some thought into this (if not allready considered) :

    Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.


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  • gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.


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  • casinoroyale
    03-31 01:46 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am contemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

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    04-10 05:04 PM


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  • ksrk
    07-07 06:14 PM
    Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?

    Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
    When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.

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  • pom
    05-11 05:01 PM
    Cybergold, you win :)

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  • veni001
    07-06 05:30 PM
    Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.

    If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o

    once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.

    09-24 03:53 PM
    CIS doesn't check FICO scores.

    05-20 06:00 AM

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.


    What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.

    It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.

    Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.

    Not a legal advice.

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