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  • In september my dates became current and my GC and my spouse GC has been approved . However my lawyer recieved interview notices for me and my wife. What should be the next step. Ignore the notices as we recieved the Green card or do we need to attend the interview.





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  • 1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.

    Yes, this should be possible assuming your priority date is still backlogged. If not, you can at least get the unused part of your 6 years.

    2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ? I have copy of the H1B approval but not sure if it has been revoked.

    I think I just answered this above.





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  • My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?

    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?


    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.





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  • I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?

    thanks

    what business man??...don't open an IT consultancy firm for chrissake. Please.





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  • Hi Gurus,

    Sorry I could not find answer for this question on any of the threads here. can anyone please answer the question below

    "Copy of visa page of passport in color " is listed as one of the supporting docs for ead renewal.(in the IV thread on EAD self filing)

    Do I need to send the copy of visa stamp even if my stamp has expired and I am working on EAD? (my I-797/I-94 expired too).

    Can someone please answer this as I need to apply for ead renewal soon.

    I had the same question so i spoke to my lawyer/attorney
    she said that it is not necessary
    infact in intial eveidence
    1) copy of passport or DL or Visa Page or some national Id with picture
    2) color photos
    3) copy of 485 recipt or EAD

    She said most of the attornies/lawyers are asking for extra documentations so that to pre-empt RFEs but she asked me to file with intial evidence that is asked on the instruction form i.e the three items i mentioned above.
    I filed with those if they require additional evidence i will comply.





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  • i'm above 21yrs old and on f1 status ..my question is

    My sister is citizen here and can file family based GC (to get it would take 10yrs miin)
    1)for me to maintain legal status i have to move into h1 status later on..will the Family GC process affect in any way to get h1 later on?

    2)Do i have a chance to file GC later on under EB2,or are 2 GC applications not accepted(just curious)

    Please post your thoughts attorneys

    Thanks!!





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  • I140 pending under EB3, non premium category with receipt date 2/1/07.
    I have worked for my current company for 6 years. Currently in the 7th year of H-1B with 1 year extension until March 08.
    I want to change jobs due to dissatisfaction with current work, and also due to possible future restructuring within company.

    How can I change companies without having to go back or live overseas for 1 year and start the process all over again?


    Thanks,





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  • Two questions for the experts...

    I am on J1 visa and have received a home residency requirement waiver. Do the experts here know if I can apply for a J1 visa extension (after receiving the waiver)? I read somewhere that it may not be possible to do so.

    Also, are there are any foreign travel restriction on a J-1 visa?

    Thanks

    Getting a waiver implies that you want to change your status. So renewal may not be a good idea. I would talk to a lawyer about the implications.





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  • Well, the second one could be anything, but when placed next to the first one it made sense.





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  • My current company's CEO is retiring and the other partners are forming a new company. The current company will continue as a corporation and in the new corporation the current CEO will have 10% share. The new co will start with the current client base, employees, equipment, web site and use the current company's name as a DBA.

    I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .

    If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.

    Thanks

    If its a new company, you need to do H1B transfer and start the GC from PERM. If the I-140 is not revoked, you can retain the PD.





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  • I am sure he will update his profile that he will be there at the rally.

    Others reading this, you have reached this thread. You can easily reach DC for the rally.:D





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  • All,

    Per Aug 2008 Bulletin, my dates are current.

    But My and My spouse's 485 is transferred to NBC sometime back (we never heard anything)
    My daughters 485 is still at TSC.

    Anyone know, whats gonna happen now?

    I get a feeling that, our apps will be laying eggs while dates are current :mad:





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  • Please close the thread if it is non sence.

    Just thaugt to have a idea about how many people have missed this opprtunity.

    MY PD is EB2 June 7 2006.

    MC

    Any Reason you said why only June 2006 PD has missed the opportunity?

    Why not whole of 2006 from Jan to June 2006?

    Just curious





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  • Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)





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  • Hi,

    I have worked in the US for 3 months (april, may and june) on H1b visa and still haven't got my pay stubs. Recently I came to India for my marriage and after marriage, I want to go to US on L2 visa (my fiance is on L1 visa). While trying to go to US on L2 visa, will I be asked to produce my previous pay stubs? Also when I asked my employer to give my pay stubs he said he had lost them and said instead of pay stubs I can have W2 which will be the proof that I have worked. Will the W2 be enough or I need the pay stubs? Please someone clarify my doubts.

    Thanks.





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  • I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.

    1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
    2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.

    Thank you.


    Here is the update.

    1. If your wife used AP @ POE then Parolee ( AOS - Pending)
    2. You can e file but you have to go for FP.

    Thanks.





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  • I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date

    1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.

    2) I am on H1 status will it be a issue at POE to have gone for this long

    3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good

    Kindly let me know your advice in this case





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  • More clarifications are required about this new rule, this is a duplicate filing requirement in addition to FBAR





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  • Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?

    My PD is Mar 2005/EB3 and I was sent an RFE in Jul 2009 since my Birth certificate has initials and not the full name.

    I read somewhere, because of the backlog, they do review the cases and in some cases even "approve" them. Once the visa number is available, GC will be issued for these cases.





    For EB3 case, after receiving the approval for I 140, I know that we have to wait till DOL Proiority Date is current to be able to file for I485.

    If we decide to receive the green card in any consulars overseas, can we just go ahead and file the I485 after getting the I140 approval? (without waiting for PD to be current)

    Any advice would be appreciated?





    Why would you even consider this at this point. After 8/17, everyone will be U, so who knows when you get to even file if you wait. You want to tack on 6months to your wait (and thats being generous), and them pay more money?



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