Saturday, July 2, 2011

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  • ivuser
    02-19 01:06 PM
    QUESTION::
    Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
    (Remember my spouse is applying for H1 )
    ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.

    QUESTION:: How safe it is Frequent travel to Canada and back
    ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.

    QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
    ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.


    QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
    ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.

    QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
    ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.

    REQUEST ::
    Please support IV.

    DISCLAIMER::
    The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.




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  • Canadian_Dream
    07-25 02:12 AM
    http://www.murthy.com/nflash/nf_051607.html

    The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

    Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?




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  • Blog Feeds
    08-03 12:50 PM
    Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...

    More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)




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  • docusmle
    08-15 09:02 AM
    Hi,
    I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
    First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
    Please I sincerely appreciate your opinion what should be done in such case?
    Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?

    Thank you so much.



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  • royalchallenge
    11-17 04:23 PM
    Just got fired from my company.

    I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.

    I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.

    If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.

    Thanks all.




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  • nlssubbu
    11-29 11:38 AM
    Hello experts,
    Here is a situation of my friend .
    1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
    2.The lost passport includes the old passport with old visa in it.

    Can you please throw some light as to what are his options.

    Thanks & Regards

    Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.

    After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.

    Thanks



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  • Beemar
    09-04 11:26 AM
    Hi, Continuing an old discussion, I have another issue. My I-485 receipt does not even have a column for PD, leave alone having a blank column. Now, is THAT normal?




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  • extra_mint
    04-18 11:20 AM
    Keep monitoring the visa bulletin and when your date (Dec-2006) becomes current you can apply for your wife's 1485 (means u can add her to your application).


    If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.






    Hey Gurus,
    I am in confusion here.
    I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.

    My Question here is:-
    If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.



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  • waitin_toolong
    10-26 11:33 AM
    My only question with your scenario is the how did you think that even without the current scenario of frontlog how can you expect to receive the I-485 receipt in one week.

    Based on your timeline your PD will be current in Nov, and you can still file after your return, why take chances.




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  • tonyHK12
    02-22 09:27 AM
    because the baby starts asking questions at 2 years and 3 months ??

    After Employment Green Card wait 5 years.

    After Family Green Card wait 3 years only


    Why?

    Why Family Green Card less wait time?



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  • cse9423
    11-04 05:45 PM
    Hello,
    Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.

    Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.

    thanks!!!




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  • feedfront
    05-07 02:48 PM
    As long as company's tax id remains same, it does not matter. Talk to your attorney.



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  • Blog Feeds
    10-06 01:40 PM
    I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.

    More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)




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  • Student with no hopes
    12-14 08:33 AM
    Will the retrogression in Family Based have any consequences for the Employment based immigration?



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  • beautifulMind
    06-15 12:49 PM
    Yesterday I e-filed my EAD and AP renewal for me and my wife but I think I may have messed up a little.

    1) I forgot to save the confirmation receipt( pdf) for me and now I cannot get it anywhere. I did save it for my wife. I belive I need this along with the supporting documents. How Can I request the confirmation receipt from USCIS


    2) I did not find any instructions come up for the list of supporting documents that need to be sent. Should I send the supporting documents (based on what I saw on this site) anyways?




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  • humsuplou
    03-09 07:07 PM
    Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
    What is the answer you put to answer the question:
    "On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
    Thank you.



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  • mnq1979
    06-30 05:15 PM
    I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.

    My wife BC is in the process and i think i will be able to get it by the end of the week.

    My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.

    PLEASE ADVISE. THANKS IN ADVANCE!!!!




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  • masti_Gai
    10-27 10:46 AM
    Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.




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  • getgc2008
    03-18 04:37 PM
    Gives me an idea what it should be.




    raysaikat
    11-18 12:57 PM
    I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
    My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?

    Yes. They are independent.

    I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
    You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.

    H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
    What is the best way to be able to travel abroad in these circumstances?




    sixburgh
    08-04 09:31 PM
    I am also in a similar boat, see my thread at http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599399-sharing-experience-h1-stamping-in-india-while-485-pending.html

    Can a lawyer please comment on this?
    Does using an H1 stamp to re-enter USA create any issues with my pending 485?
    I do have an AP in hand too.
    I too am working for the same employer who are helping me keep my H1 while 485 is pending.



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