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  • beautifulMind
    06-28 10:31 PM
    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this




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  • Almond
    07-17 07:47 PM
    Almond I agree with you completely...I am not against questions being asked or answering questions...This community has been helpful to me in the past and I would be more than welcome to lend support....but a little effort would'nt harm....

    There is a saying "SEEK AND YOU SHALL FIND...." No matter how old the information its always possible to dig it out...not only using this forumn search but also google search....I just hope people try and seek before ..that's all

    But, but it feels so much better to come to a community of people who know exactly how you feel and are going through the same motions :). I think we're both right to some degree. I also believe that people do what I do: post the same questions on about 5 different forums and look it up at the same time and then gather as much info as possible. I don't mean to kiss my own butt (Ok I do) but THAT is being resourceful:D




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  • dtekkedil
    07-02 11:47 PM
    If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.

    I am going to see if I can send him a note :)

    LOL Yeah Bill O' Riley!!!

    I was hoping that we could send it to USCIS!

    It should be addressed to EMILIO T. GONZALEZ (Director of USCIS). I'll put the address out here once I get it! :)




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  • samswas
    06-22 12:55 PM
    My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
    My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.

    My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
    Because its start date is 09/24 so do I need to wait till that date before re-entering.

    What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.

    If I'm in your situation, I would do this ----------

    Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.



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  • jugunu64
    01-12 04:02 PM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks

    Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).

    When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.

    As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.

    Hope I answered your question....




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  • alterego
    03-02 07:55 PM
    Thought this is a good study and makes some valid points. I am not sure how receptive the US legislators and audience are to articles like this. At this time, there is actually no doubt in my mind that more liberal immigration policies will help the domestic economy, by boosting everything from home and car purchases, to savings rates, entrepreneurship, raise the bar on hard work, and many more intangibles. However at this time much of this seems counter intuitive to joe public, and hence won't happen.
    I really worry for this country over the next decade if they can't set this right in the next 12-18 months. We just might be witnessing a fall in US economic credibility. Absent improvement and continuation of current spending and borrowing policies, we will see a US Sovereign debt downgrade by S&P/Moodys/Fitch and then all hell could break lose. Hey if we see this as possible with GE, why not the US Gov't in 18mths. I still think it unlikely, but no longer can count it out.



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  • Fugu
    01-11 01:53 PM
    Thank you both for your replies.

    I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?




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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)



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  • ImmiQ
    11-30 07:06 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    Man, you make me laugh :D :D :D




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  • PD_Dec2002
    08-27 04:53 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

    Depends on who the primary applicant is.

    Thanks,
    Jayant



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  • pcs
    07-18 08:12 AM
    Guys can you keep this thread up please ????




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  • pranju
    08-03 10:11 PM
    lin0722554234
    LIN -> Nebraska
    07 -> Year in 2 digits
    225 -> Number of working days since October 1 2006
    5 -> Default for all electronic data
    4234 -> Serial number for the receipts issued on that day starting with 0001.
    There you go...)



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  • little_willy
    03-04 04:37 PM
    Congratulations !!! Happy for you, enjoy your freedom.




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  • Michael chertoff
    02-15 09:38 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.

    Some one please help him.. I dont know what to do...

    Papuu please advise him.

    MC



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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?




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  • hpandey
    07-03 11:49 AM
    If you can convert to EB2 ( eligible for it ) and recapture your earlier PD of EB3 then it would be the best course of action . If you keep on waiting for the bills to pass ( and they don't since this is an election year ) then you would just lose time.

    I know we are all frustrated because of this seemingly endless wait but I am positive - it is not endless . It will end one way or the other - for some sooner and for others later.



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  • chanduv23
    02-27 06:45 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    Interesting question. People generally leave their sponsering employer when they invoke ac21 before they get a GC, which looks fine and when they get the GC they stick to their new employer atleast for 6 months to show that the GC intent was for continuing employment.

    It will be interesting to know if you can jump to another employer even after getting GC (something like AC21) showing intent to continuing employment.

    This whole 180 day thing seems absolute ie 180 days after applying 485 and 180 days after getting GC.

    I have no answer but lets see if someone can answer this. You may also want to post it on the "Free Immigration Advice Conf Call" we have one on March 1st, 2008 and get an answer from the Attorney.

    On another note, is it just not possible to wait for few more onths before u make your giant leap?




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  • eb3_nepa
    07-18 10:28 AM
    ^^




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  • GCAmigo
    09-30 05:24 PM
    Hi,
    Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. .

    Mine is rotting in Atlanta since last Nov.. courtesy Fragomen..

    Good Luck




    quizzer
    12-19 02:17 PM
    you mean ex-employee on his current employer's letter head? does it work?


    Yes. It will work.




    mkumar
    03-31 06:21 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.

    For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.

    A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 9th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).

    [ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]

    Cheerio,
    Stuck(no longer)InTheMuck



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