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Thursday, June 30, 2011

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  • camphor
    12-07 09:38 PM
    My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?

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  • mundakamal
    06-13 07:49 PM
    Hi All,

    My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

    Gurus please advise...


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  • waiting_4_gc
    08-25 01:15 PM
    No need to file 2nd I-485.

    Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.

    Your lawyer should be able to do that.

    Not a legal advise.

    Thanks for your response.

    I forgot to mention this, client company got acquired by another company. And I have first company name on approved I-140 (EB2).

    Do i have to file successor-in-interest before i update my existing i-485 with I-140 (EB2)?


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  • dan19
    02-14 05:23 PM
    Have anybody stamped their H1 visa in UAE?
    I heard a lot of people stamping in Canada and Mexico - but not any other countries.

    Any issues going to other countries?


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  • PresidentO
    02-03 01:12 AM
    Dont flll 1040 by yourself if you are not a tax expert.

    Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.

    get Some software such as Turbotax or Taxcut

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    05-17 01:56 PM
    thanks for the quick response.
    SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
    thanks a lot!

    Yes you can..


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  • herns
    03-20 12:36 PM
    Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.

    I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.

    Do it yourself and save money!

    Disclaimer: Iam not a lawyer and THis is not a legal advice.

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  • ssdtm
    03-01 04:45 PM
    There is nothing you can do now. You cannot change the past. Realistically there is only a very small probability that it will become an issue at 485 approval stage.

    Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.


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  • Blog Feeds
    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)

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  • snathan
    06-16 11:05 PM
    L1 or H1....For your own benefit please support this



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  • go_getter007
    07-09 02:19 PM
    Please scroll almost to the bottom of the page on this URL: http://www.indiainbusiness.nic.in/visitors-guide/visa.htm. There are two paragraphs for PIO card holders as given below:

    PIO (Persons of Indian Origin) Card holders : Following the introduction of the PIO Card scheme, PIO card holders are eligible for visa free entry into India for a period of the validity of the card i.e. 15 years, and they are NOT required to register themselves with the concerned FRO/FRRO if their continuous stay does not exceed 180 days. If the continuous stay exceed 180 days, the foreigner should approach the concerned FRO/FRRO for registration within 30 days of the expiry of 180 days, who will in turn register them.

    Children below 16 years: As per para 2 of Registration of Foreigners (Exemption) Order, 1957, children below the age of 16 years are exempt from the requirement of registration.

    So, it seems, kids don't need to register. Common sense does prevail even in India sometimes. :D


    As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid

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  • LostInGCProcess
    09-17 12:32 PM
    green if this helps otherwise just ignore.


    That was informative. You get a green. :D


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  • Jerrome
    02-03 03:53 PM
    Visa usage Statistics
    Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

    Visa bulletin and their number control operational manual
    Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

    DHS year book
    DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)

    485 pending number

    NVC demand

    Precessing volume and trend
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)

    Monthly cutoff memo

    I am missing a 2009 EB number used by country, I saw it some where but couldn't find it

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  • milmuk
    08-24 09:25 PM
    This is a contract position to work in canada.This is normally through couple of vendors.

    My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.


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  • kmuralidhar
    08-22 12:12 PM
    I am on the same boat. My case was transfered to NSC and my receipt number starts with WAC.

    I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.

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  • dreamworld
    12-13 04:48 PM
    Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.

    Pd: EB3, Aug 04
    I 140 : Jan 07
    485: Jul 07

    check your AP application here https://egov.uscis.gov/cris/jsps/login.jsp and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.

    if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?


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  • perm2gc
    09-07 05:00 PM
    I meant before I am out of status.
    Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
    Thanks a bunch.
    OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.

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  • cinqsit
    10-12 10:32 PM
    Hello I am in H4 in usa.
    I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
    In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
    Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?

    You have 2 options

    1. Convert your h1 to premium processing and hopefully get it approved before
    your current h4 expires

    2. apply for h4 extension - and wait for your h1 application to get through

    To be really conservative - its best to file for H4 extension anyway irrespective
    of whether you convert your h1 to premium

    Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied

    Good luck!

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  • 485_spouse
    06-07 10:22 AM
    Hi All,
    Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
    As we need to send supporting documents for both applications.
    Should we send them in one package or two?
    Printed address for both application is same!

    Is it because I-131 is being considered as child request of I-765?
    Thanks in advance.


    01-17 04:44 PM
    GC holders are eligible for unemployment benefits - Check detailed rules on the state unemployment agency website

    search for unemployment benefits

    07-13 08:21 PM
    This is just the sample list. The list goes on....

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