Tuesday, June 28, 2011

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  • Ann Ruben
    01-21 07:54 PM
    Please clarify:

    When was your labor cert. application filed?
    Is it still pending?
    On what date did you first enter the US in H-1 status or first obtain a change of status to H-1?
    Since you first entered the US in H-1 status or since you first changed status to H-1 have you spent any time out of the US?
    If so, how many days?
    When in 2008 did your new employer file its H-1 petition for you?

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  • arlysanb
    02-15 08:58 PM
    My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?

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  • rajeshalex
    06-08 10:25 AM
    I would suggest to plan in 3 months advance so that you can send all the documents from usa, prepare documents in India and planning the trip.

    If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.


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  • immm
    01-14 11:03 AM
    Any suggestions?


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  • sparky123
    07-18 09:45 AM
    I guess as long as your PD is before july 31, you can apply,

    PD is the date labor was applied and not approved. Hence Any approvals from Aug 1 to aug 16 should be fine too...

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  • texandude
    06-21 12:06 PM
    I have been offered a job with a company who has an approved labor of Priority date Dec 2002. Seems like a good deal but I wanted to know if Labor Transfer is still possible. I mean Labor can be transfered from someone's name to mine.

    Please respond ASAP.If I can get a response it'll be great.


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  • chrisclick
    04-10 03:29 PM
    something worth resing :D

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  • sameer2730
    09-10 12:10 PM
    There is a discrepancy between the dates in the Oct Bulletin on the State Department site and the Mumbai Consulate site for EB3 India. Any information on which one is a typo


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  • ronhira
    06-08 11:41 AM
    There is one way to find out if CIR is any good for EB - by looking at the bill when it is proposed bill and amendments. It will be suicidal to assume that CIR is somehow bad for us, and incriminate any effort for CIR. My point earlier was not that CIR is bad for EB, but about the actual reason for Sen. Reid's recent comments, just to set the expectations straight.

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  • vedicman
    06-15 10:21 AM
    Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??


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  • srikondoji
    06-30 02:27 PM
    I used that same option for my wife as she is on EAD and working.
    I am still on H1-B and used the other option related to my status.

    Hi Folks,

    I am currently on EAD and am applying for extension using e-file. I had a question on what do we fill in for 'Current Immigration Status'. The closest I can think about (as per the options given) is : DA - Advance Parole (Dist Auth).
    Any comments?

    Has anyone using EAD currently done an e-file for extension?


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  • jilh
    07-29 07:23 PM
    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.


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  • chintu123
    12-21 05:44 PM
    Hi ,

    Here is my scenario

    H4 visa----oct-2007 to sept-2010
    Entered US---oct--2008 on h4
    Filed for h1---april 2009
    H1 approved---aug 2009

    Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.

    The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010
    My questions are

    1. How safe is it to apply COS at this point
    2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
    3.in worst case if the payroll is not run by him what would be the best course of action

    I would appreciate your response


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  • nyte_crawler
    04-05 09:13 PM
    Pineapple, although I dont have a solution to your problem I can definitely say that something is better than nothing. The senate dont have a problem with legal immigration, as long it is legal. If we can get our EB provisions as a part of this bill, most of them will be happy. There will quirks that can apply to immigrants as well, but that has to be addresed by the part of overall nature of the bill.


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  • MetteBB
    05-11 01:44 AM
    2nd stamp renovation:

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  • lost_in_gc_land
    02-02 02:05 PM
    Please help!

    My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?


    Hello Immigal,
    I hope your h1b stamping worked out well. if I would have read this post earlier then I would have warned you about 221(g) adminitrative processing which is a possibility for delay. I am in the boat for over 75 days and did not leave with AP approval. Got it after my interview and my lawyer advised me against using it.
    I would have waited for AP...
    On the other hand..god forbid you got 221g...but if you did then did you used your approved AP (if it got approved while you were out of the US) to go back to the US? What was your lawyers opinion on this?


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  • go_guy123
    12-11 10:11 PM
    One of my relative did work in Vancouver, Canada with his GC. He got his work permit at Canadian port of entry. Anyway this was long back, so please do your research, rules might have changed since then.

    PD Sep, 2004, India
    I485 --Pending since Jul, 07
    AP Renewal -- Approved Dec 10, 08.
    EAD Renewal -- Approved Nov 22nd, 08 valid till 2010.

    yes they can work under NAFTA

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  • achu
    06-05 03:21 PM
    I called Board Protection Dept they said follow the latest date. which is Dec 05, 2009. anyone confirm?

    You are paroled into US until Dec 05, 2009. But if you want to travel outside US after July 29, you better apply for AP now.

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  • GC_Applicant
    07-15 04:17 AM
    Found this interesting information on the shusterman.com.

    "The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."

    Complete article can be found in:

    Any updates or insights into the above article....

    Contribution so far: $50.

    jaggu bhai
    10-13 11:55 AM
    OPT Can work even for training only right!!!
    everify company wthout pay! just incase if we dont get a job, just any employer offer letter is good right!!
    pl correct me if I think wrong.....

    SMUGGYMBA thanks for ur time

    03-22 06:40 PM
    tom friedman doesn't know about the details of this issue..... for him immigration means more h1b visa..... he doesn't have a clue @ gc mess...... there r others who have done research on this subject.... but those studies did not get as much attention.... maybe others need to come up with a shape... lets pick one.... lets say "earth is rhombus".... and then publish these reports... that might help catch some attention....

    Source - http://www.nfap.com/pdf/071206study.pdf

    At the 2004 Intel Science Talent Search, the nation’s premiere science competition for top high school students, the National Foundation for American Policy conducted interviews to determine the immigration background of the 40 finalists. The results: two-thirds of the Intel Science Talent Search finalists were the children of immigrants. And even though new H-1B visa holders each year represent only 0.03 percent of the U.S. population, it turns out more of the children had parents who entered the country on H-1B visas than had parents born in the United States. In other words, if critics had their way, many of the coming generation’s top scientists and engineers would not be here in the United States today – because we never would have allowed in their parents."

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