Thursday, June 9, 2011

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  • raysaikat
    04-20 10:54 AM
    Dealsnet thank you for your input,

    I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.

    Thanks for your help, I really appreciate it.

    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."





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  • ABC of GC
    06-14 12:57 PM
    I think I am in the same boat,

    I am almost ready to file 3 years H-1 extension based on I-140 approval and priority date not current (as of day before yesterday that is what we all knew). Since I don't have 365 days for the labor filing, I am not eligible for 1 year extension.

    I wrote that to my lawyer and they told me that we can still file before the end of June using premium processing since the priority date are current effective July 1st. But they don't know how USCIS will act. They may approve the extension for 3 years or they may deny the extension.

    What you guys suggest.


    Completed initial 6 years of H-1 in December 2005
    Priority Date October 19th, 2006
    I-140 approval - April 13th, 2007
    Current H-1 expires October 15th, 2007





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  • amitga
    07-15 12:47 PM
    You are not allowed to re-capture unused photos. This would require a legislative change.:D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?





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  • sledge_hammer
    03-06 02:13 PM
    The state that's in your LCA

    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.



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  • prem_goel
    08-16 07:03 PM
    Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.

    Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.

    I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.





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  • vin13
    10-09 05:06 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......



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  • senthil1
    04-21 10:11 AM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299





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  • st4rguitar
    04-14 08:44 PM
    I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)

    No problem, good luck!



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  • seeker_gc
    06-18 12:31 PM
    Thanks all of you. I'll keep you posted once my medical is done.





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  • pmamp
    02-22 11:23 AM
    My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

    Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

    Thanks



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  • Rune
    May 31st, 2004, 04:22 PM
    Nah, nothing more than what two bookshelves can hold! :)

    http://www.lspace.org/books/reading-order-guides/ has a map over which books makes sense to start with. The first two in the series ("The Colour of Magic" and "The Light Fantastic") might be a tad compact at first read (maybe just me, but I've had friends tell me this as well, so...).

    I originally wanted to play the computer game, but felt I had to read the books first... I never got around to actually playing the games though. (I tried "Discworld Noir" for a while, but some of its bugs seriously interfered with the gameplay)

    "Mort" I believe contains the reference to "Duck Man"...





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  • bekugc
    07-14 11:06 AM
    can2004;

    Go online, change ur address on record with INS/DHS and also for any pending INS petition u have curently.

    dont have any fears like "oh if i change now will it screw up my on going...". nothing -ve will happen. worst ive heard is - something gets returned back to INS, you make a phone call and remind bout address change u have already done, and in 2 weeks they resend the doc to new address.

    its the law, and they have made it damn easy for u to follow; so just do it.

    if u want example - i myself moved 20 days ago, did online addr change. i had applied for ead renewal in may, INS sent ead card to my new address only...so the system works...i also know 3 other 485 cases where address chg was done, they had no prob receivng GC at the new addresses, no -ve affect.

    thanks



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  • cucubau
    10-17 01:51 PM
    A co-worker and I applied together at exactly the same time.
    We got approvals for LC and I-140 within weeks of each other.
    Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
    FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:

    This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?

    Thanks!





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  • gotgc?
    11-19 01:07 PM
    H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.

    did you check with your attorney, if she absolutely has to do h4 renewal.

    I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...



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  • sunny1000
    05-15 01:55 PM
    Hi, Guys:

    My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.

    Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.





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  • chandrajp
    06-14 11:12 PM
    Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
    EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice



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  • lvinaykumar
    05-18 12:22 PM
    I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.

    While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.





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  • beautifulMind
    11-27 04:31 PM
    to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..

    They clearly knew this was cash cow so why did they want to cancel it in the first place..

    Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning





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  • RandyK
    02-16 11:46 AM
    Am I understanding this right ?

    FOR H1/L1 They do a FBI background check

    FOR I-485/CP They do a Name Check

    Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.





    ivar
    07-12 06:30 PM
    Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.





    nashorn
    12-12 03:03 PM
    Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
    Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.



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