Wednesday, June 15, 2011

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  • rockstart
    03-02 10:00 AM
    The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents

    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.

    Not a legal advice
    US citizen of Indian origin

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  • transpass
    07-29 10:55 PM
    Also one EB1 participant asked for preferential treatment for EB1 applications.

    I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 what? In this whole mess of years and years of waiting for others, what's the big deal?

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  • Scythe
    11-21 04:49 PM
    You posted that at 2:42 AM, so technically it was already Saturday.

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  • pd_recapturing
    11-27 03:55 PM
    Your 180 days will be completed on 9th Feb 2008. I guess, if you can make sure that your company does not revoke your I-140 till Feb, you should be good. In the mean time, you can join another compny on EAD. I read somewhere in the forums that in case of layoffs (<180 days), one should get a letter from the company that states that they are laying you off NOT that you are resigning. This letter sometimes helps if USCIS issues RFE. This is my opinion and I am not a lawyer.


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  • MSCapBust
    07-19 12:02 PM
    I'm doing an internship on CPT.
    I will be out of school at the end of August.

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    08-24 02:14 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.

    My case is like this:I have applied for eb3 with priority date feb2004.But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date.Whether is it a good option?any advices friends..i'm fearing whether uscis gets confused & close the eb3 case then my priority would become eb2 2007 :(.can anybody throw some light on this


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  • bpadala
    05-08 05:42 PM
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  • GCNirvana007
    08-31 02:07 PM
    Finger print done Nov 2007. After that, one LUD in June 2009. Thats it.


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  • hibworker
    01-04 02:26 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1

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  • mayhemt
    07-03 11:04 AM
    You guys still dont get you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.

    Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.

    Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".

    I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.


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  • lee.cook
    May 26th, 2007, 08:39 AM

    I was thinking off purchasing a Rocket Blower from Jessops and also a small brush. (

    Is the Rocket blower similar to the Bulb?

    Can anybody recommend these products, thank you.

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  • franklin
    07-17 06:04 PM
    Send a donation instead


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  • maddipati1
    08-21 10:38 PM
    mine gave only until the expiry of PP

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  • bobzibub
    05-08 03:20 PM
    My opinion:
    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
    Call you Zoolander! :D
    Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p

    PS: my java coding is being a pain in the butt today.


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  • brb2
    03-26 08:58 PM
    The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.

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  • Akia
    03-25 08:48 AM
    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (

    You must also look at the "actual wage."

    Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?


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  • thescadaman
    10-09 10:34 AM
    This rule change can create problems when we are about to renew our H1Bs or EADs.

    H1B: You can renew 6 months before expiry and it takes about 3 months for processing

    EAD: You can renew 120 days before expiry and it takes about 3 months for processing.

    Hmm.. this can get very messy if we have processing delays.. any inputs?

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    05-22 08:41 PM
    If we have a new Merit based system introduced

    Does this mean that No more PERM and i-140 ?
    Just the Merit Based System and Port PD to that system ?

    Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....

    I am in the same situvation have to change firm ...from A to B with approved 140 from A.

    BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !


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  • add78
    06-05 01:36 PM
    My labour got approved on May 23rd .

    Is it possible to switch company and use this labour whihc got approved by this company?

    Thanks for all your support and sharing for knowledge.
    Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here
    and actively participate in your state chapter's initiatives.
    Thank You.

    12-14 12:15 AM
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.

    12-06 07:21 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.


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