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  • krishmunn
    07-16 04:05 PM
    People who do Consular Processing do complete their medical in designated hospitals in India. I know Jaslok and Lilavati in Mumbai are such approved hospitals and medicals from thsoe are accepted by US Consulate in India for Immigrant Visa (Consular Processing). However, will the same be accepted by CIS for AOS is the question. check with your attorney and do mention this information (that CP candidates can do medical overseas in designated hospitals).





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  • ssingh92
    01-03 11:33 AM
    I asked a question regarding use of AP and received following response from Embassy of Belgium.

    Dear,
    As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
    Sincerely,
    Marijke Janssens

    Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.

    I booked my ticket in JetAirWays (better than Air India).





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  • lazycis
    06-06 01:22 PM
    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.

    You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.





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  • sweet_jungle
    12-29 05:10 PM
    Like all July 2 filers, I will now become eligible for AC-21.
    My I-140 has been approved long back.
    However, I do not have a copy of approved I-140.
    If i Change, I will change using H1 and not EAD.

    In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
    I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.

    If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.



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  • GC_Q
    04-18 10:21 AM
    Hello Prasadn,
    Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.

    Thanks in advance





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  • gcapply
    09-15 10:48 AM
    hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
    my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?



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  • meridiani.planum
    11-19 02:21 AM
    inline...
    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?
    --its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years

    2. How long does it take if to process it using EB2? I am from Russia.
    --if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases

    3. Is it possible to switch to EB2 somehow?
    --u will need to redo the LC stage.

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    --see below

    5. At what step of GC processing can I change a compamy that I work for?
    --6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months

    If I were in your place, I would drop this LC and file the one in EB2 asap.





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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!



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  • jamesingham
    02-25 08:31 AM
    As far as I know, Your new EB2 labor is completely independent of your approved EB3 petition. While your EB2 is in process or even if it is denied you can still fall back on your EB3 to get your 3 year H1 renewals and avail other benefits of approved petition. This is what the attorney told my employer.

    Coming to the question of whether you can use your on the job experience towards EB2, the answer doesn't seem to be consistent. My company's attorney tells us that is possible and there is a 90 % chance of approvals and 10% chance of denials.

    At the same time, I have seen different views from members of this forum.





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  • shukla77
    06-29 10:36 AM
    it seems there is one Poll for every little thing.....is someone doing statistical analysis of all these..??:D :D



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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • ujjwal_p
    06-02 06:12 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

    I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.



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  • GCA
    04-27 01:13 PM
    GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.

    It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).


    So, can I stop paying sales taxes when I buy any goods out of my 'after tax' earnings???





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  • panky72
    06-05 09:31 PM
    Hi,
    I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC

    I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
    Please share your experiences and ideas

    Thank You,
    Raj.

    I applied for H1b 6th yr extension on march 15th and I got approval notice on may 22nd. I also applied at CSC.



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  • sidbee
    10-26 04:25 PM
    I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.


    What you think , doesn't matter.
    Cant fly through FRANCE/UK for sure, without a valid US visa stamped.

    People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.

    Emirates/Direct AI/Continental should be OK from East Coast.





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  • kanakabyraju
    07-31 02:09 PM
    My wife arrived on Saturday and we completed the medical exam on Monday.

    My lawyer did receive the original RFE along with the original medical that we submitted. I had to carry the document to the doctor.

    Doctor did miss MMR last time because of pregnancy. He completed that and update the same document with new dates of vaccination with signature and gave us back in sealed envelope.

    RFE Response had reached Texas center yesterday.

    PS: Do not complete the pending medical exam though you are aware of this. You will have to wait till you get RFE. looks like the doctor would have to complete again the original document with new dates.

    Thanks for everything.



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  • karan2004m
    12-01 03:46 PM
    I have the exact same scenario :(
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.





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  • samcam
    05-18 04:08 PM
    As of now, we have 72 guests and 494 members online. I understand that some of the guests are already members and have just not logged in. But this is a call for all the guests who have not registered themselves as members to register and possibly contribute. Registration takes less than 5 minutes. Also as a registered member you have access to a live thread with the commentary from the senate session (which I feel is really awesome!!). So come join the IV registered users and help us increase the member count to 4000+ and enjoy the live senate session commentary!

    Here is a link to the senate session commentary thread...

    http://immigrationvoice.org/forum/showthread.php?t=873


    Here is the link to register..

    http://immigrationvoice.org/index.php?option=com_vbridge&Itemid=41&file=register.php

    Why should you register?

    Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

    I have attached a screenshot of the members only forums... Take a look!





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  • milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.





    ita
    08-13 04:34 PM
    My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.

    I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?

    After I switch jobs will I be able to go back to my old employer if I would want to .
    Appreciate it if you can help me on this.

    Thank you.





    SSNN
    04-16 03:17 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?



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