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  • smari
    09-08 04:43 PM
    How about birth certificate stating initial and First name (not first name and last name). Any sugestions?





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  • amsgc
    09-10 12:08 AM
    You should request your new employer to do Premium Processing on your H-1B petition.
    You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
    If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.

    The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.

    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.

    The lawyers on this forum can advise you better.

    i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)





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  • morchu
    04-27 03:01 PM
    "approvable" is the right term.
    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?





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  • quizzer
    11-09 02:37 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.

    Thanks

    Yogs.


    Can you tell me ur dates:
    I140 RD
    RFE received date?
    EB2 or EB3?
    Service center?

    Thanks



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  • mambarg
    07-26 12:16 PM
    Why dont you try to file it yourself ?
    Just get employment letter from HR and not legal !!! and do it yourself.





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  • ragz4u
    04-10 12:42 PM
    Thanks to all those who have responded to us. We will send out an email to all very soon. We are also planning to have a conference call sometime this week to go over this.

    Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!



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  • Dhundhun
    06-06 01:48 PM
    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?

    Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.

    First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.

    I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.

    Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.


    I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.





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  • PresidentO
    06-09 12:13 AM
    The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.

    Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real

    The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.

    Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.



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  • desiron
    08-08 08:56 PM
    I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

    Thanks





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  • mrsr
    07-31 09:14 PM
    is he a self filer? or done through attorney



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  • vine93
    10-16 08:48 PM
    A message from President Obama too.

    The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)





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  • illusions
    04-07 11:13 AM
    Wish u all the best.... wow 6 years...!



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  • sayantan76
    09-24 11:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
    "WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!

    All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters





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  • ramaonline
    02-08 02:48 PM
    http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf



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  • Almond
    07-17 08:42 AM
    bmneni,

    My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.


    You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:


    Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.





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  • langagadu
    06-28 09:09 AM
    I think you deserve green.
    See this news, a muslim filed a criminal compliant on the Beedi company but the court ruled out the case.

    Ganesh trademark on beedi pouches is okay, rules HC (http://www.expressindia.com/news/ie/daily/19990913/ige13087.html)



    Don't we have a popular Beedi( a type of cigarette ) in India with the image of Lord Ganesh on its cover . It is very very popular beedi brand in Karnataka . Is this allowed , I never saw any backlash against this in India itself . Strange that this kind of backlash happens more in the west than India.


    http://lh3.ggpht.com/_YKKiMO0Sv84/R8NFWbO2lGI/AAAAAAAAA8k/7a5qqqodX98/DSC_02700014.JPG

    Just some bitter facts , I do not deserve a reds for this :D



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  • samswas
    04-21 08:30 AM
    Thank you. I will give it a try.

    so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.

    We can even say yes she had it but lost it over there so i mail her the document. right?

    I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.

    If I'm in your situation, I would rather postpone the trip for few days.





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  • CheckRaise
    10-09 03:15 PM
    I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?

    Thanks in advance!





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  • Alabaman
    07-11 05:03 PM
    I am not making fun of anybody... I didnt write that. I dont even know the rep in question. Thats from ilw.com. Immigrations lawyers or something like that. This is more like a press article I am bringing to your attention.





    GCA
    07-12 12:25 PM
    Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
    Just on the lighter side...
    Definitely not when biting!!!..

    So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..





    sathweb
    01-21 02:30 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,
    Ravi.



    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12