Monday, June 27, 2011

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  • sangeethak31
    07-14 08:53 PM
    Thanks for the quick response...

    Could someone please provide me the co-affidavit letter template.

    Thanks,
    Sangeetha K




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  • jonty_11
    01-15 10:29 AM
    Hi,

    Out of the 3 - CELPIP, IELTS,
    which do u think is teh preferred test for us?

    Just got Letter from Buffalo Canada Consulate to provide results of this test.

    Plus Looks like IELTS does not have a test location in the state I reside in.




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  • quizzer
    11-08 05:26 PM
    EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing

    Romesh,

    Any updates?

    Thanks




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  • hopein07
    03-14 01:11 PM
    hopein07 - thanks a ton again

    Any idea about Australia?

    Not much idea about Australia but you don't want to go Down Under. It's very racist and discriminatory in every aspect. Besides, the accent.... OMG... simply unbearable :mad:

    You can get some info from a forum for British expats in oz:
    http://britishexpats.com/forum/forumdisplay.php?f=32

    All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.



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  • mchundi
    07-09 01:31 PM
    upgraded on June25 to PP got status changed on 30th. Received approval notice by attorney on July 6th
    Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium




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  • eager_immi
    07-18 11:01 AM
    Common guys!!!



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  • kevinkris
    11-17 02:12 PM
    Since you applied for H1 extension it means that you are out of parolee status
    and on H1 again.

    Get visa stamping next time when you go for home country and come on H1 instead of using AP.

    Use AP only if GC is approved when you are outside of country..

    I think it's little risk if AP is approved and you are outside of country and wants to use it. They prohibit sending AP on postal mail.

    All,

    Any help in answering my queries is appreciated.

    Thanks




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  • eb3retro
    04-15 08:40 AM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.



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  • immiguy
    07-20 04:47 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.
    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?




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  • desi3933
    05-14 01:33 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)

    This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .



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  • seba
    09-24 01:31 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.




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  • linuxra
    07-23 03:00 PM
    Are u from vision systems too...and do u know anybody got approved



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  • milind70
    04-21 04:54 PM
    If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.

    I am not sure that is entirely true befoer you go and work offshore you will have to convert your 485 (AOS) to Consular procesing ( I dont know if that is possible when your AOS is pending for some time like lets say 2 years or so I think there must be a way to change in the first few months after filing). As far as I know leaving the country when AOS is pending is deemed as abandoing the application thats one of reason why AP's are for.
    Thx




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  • pappu
    12-01 03:40 PM
    I am not sure about the exact Business Analyst vs Programmer Analyst functions, but from my own experience, just make sure that your lawyer makes your job description very broad. It will help you not just in your process with the existing company but also if you were to change the job after 485.



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  • sr123
    02-15 11:27 AM
    I agree with you. It is indeed very difficult to make people pull out a card and pay. As you said it will indeed increase the irrelevant post which will require increased monitoring.




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  • lord_labaku
    04-14 12:43 AM
    Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?

    Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.

    Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.

    Good luck - to your friend.



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  • Saralayar
    07-29 09:56 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    Another funny and time pass thread...




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  • nashdel
    08-07 11:09 PM
    Mine approved August 2nd, Wife`s pending. May be this is one of the administrative fixes from USCIS! As primary on EAD I would have to Work in same job classification, can not stay here for long without work or open a new business. But spouse on EAD can do either one of those per my knowledge. They can allot visa number to another primary. I do not think this is the reasoning from USCIS and there has to be some other reason though such as security check. I wonder if it is smart for them to allot visa numbers to primary and secondary in 2:1 ratio. Will ease problems for lot of people.




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  • poorslumdog
    03-28 01:11 PM
    Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.

    What are my chances of getting tbe visa without the original contract?
    I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.

    Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.

    If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.

    If you cannot get the original contract nothing can be done...




    eyeopeners05@yahoo.com
    06-02 03:04 PM
    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.


    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?




    zCool
    04-13 06:36 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.

    Lawyer is correct. letter needs to be from future employer.
    EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..



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