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  • helpfriends
    04-17 09:07 AM
    They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!





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  • santb1975
    05-17 11:45 PM
    with pnagar's contribution





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  • banta4u
    07-13 03:33 PM
    Hee Hee - U think that a lawyer like Greg Siskind - doesn't make sense.....
    I bet - he is on the money....

    The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more

    I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....





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  • jingi1234
    08-19 05:58 PM
    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?

    Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...

    Don't know what triggered USCIS for these RFEs..



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  • insbaby
    02-04 07:44 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.

    The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.

    There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.

    Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.

    Good Luck.





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  • axp817
    07-22 08:05 AM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D

    Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.



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  • greyhair
    09-30 10:24 PM
    ... there are always idiots in any group.

    I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.





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  • rviswa2007
    07-14 01:54 PM
    I sent my EAD extension documents on 7/9 via FedEx to Nebraska. They recvd it on 7/11 morning and got signature proof. Can you please let me know how many days it take for the check to be encashed? This will be helpful. Thanks!!

    For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
    I send my application via fedex today to following address..

    For private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225



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  • gc_chahiye
    12-18 11:37 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    you need to use EAD since you were on L1 and that cant be transferred to your new employer.
    Other than that you need:
    - I-140 to be approved*
    - 180 dyas to pass from your I-485 receipt date.

    *strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.





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  • SL%%
    03-02 08:10 PM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.

    For the second one, seems like desi3933 answered your question.



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  • justin150377
    07-01 02:38 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.





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  • qualified_trash
    11-07 03:52 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR
    actually, they should need no supporting docs on subsequent visits (my parents came the first time with supporting docs). the second time, just the ticket and that was after 9/11 so...........

    GCneeded seems to be inordinately concerned about supporting docs etc......



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  • alucard666
    08-27 02:20 PM
    I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?





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  • mzafar125
    08-16 05:09 PM
    My wife has a ITN number. Can she use the ITN number to start work and then cut over to the SSN once she gets it. I have heard it may take up to a month to get this processed.



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  • madan
    01-11 01:17 PM
    Can you please help me to get the form .

    Can i complete that and send to USCIS?

    Thank You...





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  • gc_on_demand
    02-03 01:41 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.

    Go back...



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  • chehuan
    01-26 08:04 PM
    so the job description said BS + 5 years experience or Master +2 years

    and they rejected him saying he was not BS +5

    none took care of the second part Master +2 years and hence it got rejected





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  • vinzak
    10-14 12:21 PM
    Most likely her uncle sponsored his sibling and she was a dependant under 21 of that sibling (ie. one of her parent's) while applying.

    Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.

    To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.

    Is she normally resident in the US or outside the US?





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  • jasonmc86
    07-27 08:01 AM
    http://social.msdn.microsoft.com/Forums/en-US/csharplanguage/thread/39cbc46a-2ad5-4300-8f08-4ca1469d6f76/

    Found my answer:


    DialogAddTo.RestoreDirectory = true;

    added that line before .showDialog() and it fixed the problem...





    anuh1
    04-05 08:27 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds





    HumHongeKamiyab
    04-08 02:39 PM
    What if VISA is not given .. can you come back?


    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab