Tuesday, June 14, 2011

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  • gopinathan
    04-13 01:55 PM
    braindrain - can you please update on your parents visa please ..

    I have a similar issue that I need some guidance..

    My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.

    Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.

    how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)

    thanks
    Gopi





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  • reddymjm
    05-28 12:56 PM
    Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.



    Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

    My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.

    I second this. Do not lose your postion in the Q.





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  • sledge_hammer
    02-22 12:46 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.





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  • TheCanadian
    01-22 12:56 AM
    Holy it's hard to choose. Now would be a good time to offer me a bribe. Shall we say 75% of the prize money?



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  • gsc999
    09-10 01:33 AM
    It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.

    Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.

    You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.

    Hope this helps.





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  • pappu
    05-05 12:02 PM
    Thank you



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  • satyasaich
    12-03 04:37 PM
    Very useful information and thanks for sharing.
    Truly i have no idea that people on H1B (for example) are also eligible for some sort of benefits.
    Good to know

    Satya
    Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.





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  • pmat
    07-21 10:32 PM
    I don't have an answer for your question. But why did you apply for 2 H1B visas at the first place? Because of this somebody who may have been a genuine candidate couldn't have gotten visa in the lottery.

    I hope that other members will answer your questions.



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  • indyanguy
    01-13 10:26 AM
    Receipt date is July 2nd, 2007.

    Unfortunately, its the company lawyer and I cannot use a different lawyer's services.





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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • texcan
    02-26 11:09 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

    I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
    if your pass out date is beyond that date you have to get a masters.

    Solutions, not sure how well it can work at this time; but get a masters in PT.
    Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).





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  • anzerraja
    06-15 03:16 PM
    From my Lawyer:

    "You don't have it yet. You can ignore it. "

    Anybody having a different opinion ?

    Anzer



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  • RedHat
    08-30 12:26 PM
    My PD is 2002 Aug





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  • calaway42
    10-03 11:34 PM
    This is the tute i was talking about..
    http://robouk.mchost.com/tuts/tutorial.php?tutorial=pxbevals



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  • inskrish
    07-17 02:07 AM
    Your post resembles one of those ads with deceptive fine print! Do you work for an advertising company by any chance?

    People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)


    GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:





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  • satishku_2000
    07-30 02:10 AM
    If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

    Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

    If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

    Yes if it gets rejected...u need to take an appointment in india and return to US.


    My friend and his wife went for h1b stamping in Ottawa canada last week. None of them have any "US degrees". My friends wife was changing her status from H4 to H1. This is second time for my friend in Canada.



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  • redgreen
    12-16 02:14 PM
    I had only I-485 receipt (previous I-94 expired, passport had validity for only 3 weeks) and in MA I got a driver's license for 5 years.





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  • alterego
    01-04 09:30 AM
    Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.

    What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?





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  • meridiani.planum
    07-23 05:41 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.





    bsbawa10
    09-04 09:45 AM
    USCIS has all information but they might not have resource/time to collect information about old cases that�s why they might be seeking help from other body.

    How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)





    creativeFuzion
    01-01 05:02 PM
    What about the gradient in the background of your sample entry?

    I was wondering the same thing.



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