Thursday, June 30, 2011

marley and me 2

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  • problem2010
    01-06 12:18 PM
    Hi

    I came to the US on H4 and then applied for H1-B. My H4 visa expired. My H1-B was approved but I was not staffed and hence not paid for the past one year and as a result I do not have pay stubs. I do not have the H1-B stamping on my passport. Now I want to apply for H4 from my home country based on my husband's H1-B.

    My question is when I fill in the DS156 form what should I fill in for the following parts

    1. #20 and #21 - Name and address of you current employer and Present Occupation
    (Would I have to give details about the employer who filed my H1-B even though I do not have H1-B stamp on my passport)

    2. #30 Have you ever been issued a US Visa - Yes/No (I do not have the H1-B stamp, I only have the previous H4 stamp)

    When , Where, What Type of Visa (Would I have to mention about my H1 or H4?)

    Please can anyone help me with these questions

    Thanks





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  • raysaikat
    04-11 02:55 PM
    Hello,

    My wife is currently on H4 status. (Just the I-94, her visa expired last year October). She started her MS in Fall 2009. She already competed 2 Semesters of MS on H4 visa. We applied for her Change of Status to F1 visa in March. According to the USCIS processing dates, she will get the COS approved approximately in June 1st week.

    She will have to travel to India this summer. The question we have is,

    is it advisable to wait till she gets her F1 COS Approved and then go to India for F1 Stamping ?
    or abandon the F1 COS and go for F1 stamping directly in India ?

    Please advice if there are any risks involved here.

    It is the same either way. Once she goes out, she would need a visa stamp to get back in. And the consulate will do whatever they needs/wants to do for approving (or not approving) the visa petition regardless of whether or not she was in F1 status before leaving US.





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  • agc2005
    11-16 08:34 AM
    Folks

    When I sign in to USCIS online status for my 140, I found this

    On August 12, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we re
    ....

    Is this August 16 receipt date or notice date? I dont remember when my lawyer sent my 140 to USCIS?

    STAmisha:

    It must be Notice Date, Reciept Date doesn't show on online.





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  • GC_ASP
    09-25 11:22 AM
    I tried to find the thread posted by PAPPU on ability to pay. Could some one help me with this?

    PAPPU:long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?

    Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.



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  • sandeepg
    07-11 03:15 AM
    $105,000 salary for 5 years exp with J2EE/Java sounds rights to me. People with 2/3 year experience are making around 80-85k.


    .

    If you get lots of stock options :) or other benefits like RSU's, faster prmotions etc. your basic pay might be lower. So you can ask the attorney to consider the total value of the pay package. You can get this from your HR person





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  • jaggu bhai
    10-13 11:30 AM
    Hi folks

    We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
    (TOOK ONE MONTH APPROX),
    Now the question is,
    I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????

    Any seniors had experienced the same situation?????????

    Pl advice

    JAGGU BHAI



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  • richi121175
    10-01 11:53 AM
    I am on a L1 visa which has expired April 2006. I have got my petition extended till 2008. Can I transfer my L1 from Employer A to another Employer B. Can employer B transfer my current L1 petition to his company?

    Please reply ASAP.
    L-1 petition is non-transferable and tied to employer A. However, employer B can file H-1 for you.





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  • stebbinsd
    01-16 09:04 PM
    Hello.

    I can't find an optimal place to put this question, so I'll put it here.

    According to this web page:

    IMBRA, HR3402 questionaire (http://www.heartofasiaonline.com/hr3402.php)

    If I don't use a compliant marriage broker to meet my fiance, then my K1 visa gets denied, automatically, because I met via a "black market" broker, for lack of a better term.

    Is that true, or is he just trying to scare me into using HIS service? I've read the ENTIRE text of the International Marriage Broker Regulation Act (it's not a very big statute to read; it's a subsection of a much larger act), and it never says anything about how I should get denied to sponsor my fiance's visa because my BROKER didn't conduct the background checks.

    I wouldn't be this concerned if it weren't for the fact that there are very few sites that seem to comply with IMBRA's criminal background check regulations. I have no problem telling the woman that I'm not a criminal (I've got nothing to hide), but why should I be denied the right to marry her, forever and ever, with no recourse, since the damage has already been done, because my BROKER messed up?

    The only negative consequence I've read in this act is that the broker has to pay a fine if he doesn't conduct the background checks. Whoopdie doo! What does that have to do with me?! As long as I get the visa for my soul mate, I could care less what happens to my broker; he's done his job as far as I'm concerned.

    Is my intuition correct? If that web page is true, can you refer me to the exact clause that states that meeting via a non-compliant broker constitutes an automatic visa rejection?



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  • h1techSlave
    06-15 11:42 AM
    I think your numbers are correct.
    Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??





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  • cessua
    07-06 09:11 PM
    Same thing...

    http://www.cbc.ca/cp/technology/070705/z070502A.html



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  • gc_chahiye
    07-15 01:54 PM
    that is old stuff and also scary stuff for some people, even if old visas's are being recaptured, it was being done only for Schedule-A folks (nurses). So for all other EB categories where the only form of relief they are seeing is from possible recapture, if nurses take away those 200k (per Ombudsman its about 218K lost visas) then thats another big hope gone.





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  • sweet_jungle
    03-04 11:03 PM
    I came to the US on F1 for MS and then trasferred to another college to pursue my PhD. During this time my F1 visa expired, but I am maintaining my legal status as my I-20 is valid. I got married last year and my wife who originally came on F1, is now on H1.
    I am going to planning to go to India in end of April and need to renew my F1 visa. What are the chances of my renewal getting refused, due to my wife's H1 (dual intention) status? What documents if any, can I show in order to prove that I have intentions to come back to the US?
    I need to get a visa interview date soon, so please reply as soon as is convenient.

    Thanks in advance!

    Should not be a problem. just keep some property docs.
    Worst case, they will give you H4 visa. Once you enter on H4, you can file I-539 to change from H4 to F1.



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  • Rb_newsletter
    10-05 09:35 PM
    I saw in one of the thread one attorney said this kind of RFEs are not problem. I will post the link if I find that thread.

    See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.





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  • astudi
    07-19 05:09 PM
    My H1-B was approved in octubre 2008, I would like to go to my home country but i don't have a visa to be able to come back.
    Now my question is:
    Having an approved H1-b is a warranty for me to get a visa to come back to the US.



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  • voldemar
    06-25 09:22 AM
    Can someone explain how the lawyer files I-485(Does she e-file? or mail it to USCIS?) and how we know about it? How long does it take to know you have filed it? and how do we know about it?Lawyer mail the package to USCIS. Good lawyer tell their client tracking number and then send email with case numbers and copies of receipt notices.





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  • mjdup
    01-18 02:35 PM
    Here are the minutes and action items ---
    1. Congressman/woman are to be focussed but Sen. Kennedy 's office is the most important to focus on.
    2. AI: Call Sen.Kennedy's office and try to seek an appointment to explain our issues and make presentation. Aim for last week in January.
    3. AI: Find out stance of congressman/woman from MA on immigration committee. If any of them are in immigration sub committee. Identify the counties which these lawmakers represent. This will be a good way to filter out the ones we do not have to concentrate on.
    4. AI: Make a list of groceries and places frequently visited by immigrants who could become potential IV members.
    5. AI: Refine the presentatioin on IV resources section and provide the first draft to rest of team for feedback - 2 weeks.
    6. AI: To enquire about the cost involved in posting ad in India New England paper/media.(Cost can be shared among local state chapter members)
    7. AI: To enquire about posting ad (one frame) in Belmont theatre where Indian movies are shown. (Cost can be shared among local state chapter members)
    8. AI: All members: Publicity of IV using posters and flyers available in IV resource section. Also publicise on sites like immigrationportal.com etc.

    Though action items are assigned to certain members, if there's a feeling that you can pitch in please do so.

    Important updates from core member: CIR is on top of the list with Sen.Kennedy but the illegal issue is also going to catch up so we should initially push for CIR or Plan B would be to ask for our provisions to be included in a separate bill if CIR gets complicated and is time consuming.

    Thanks to everyone who was able to make it. T



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  • H1Girl
    12-30 02:34 PM
    Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...

    a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
    b) If Yes, will I get 1 Year or 3 Years?

    Thanks for your help...





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  • desi3933
    12-15 02:45 PM
    My wife last time entered to US with H4 in June 2010. Then she applied for F1 status and got approved in Nov 2010.


    H4 visa stamping Expires on Feb 20111.

    She is planning to go India by Jan 2011 for 2 weeks. She is planning to come before Visa expires.
    Is it possible to enter US with old H4 visa stamping?
    Do we really need to stamp visa with F1?

    F1 visa stamp is needed if she plans to continue her studies on F1 and would like to avail OPT.


    ________________
    Not a legal advice.





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  • Jaime
    08-20 03:56 PM
    Thanks. Send a note to KanMe about this

    Thanks pappu, I just messaged him





    reddy2cool
    08-20 11:29 AM
    Hi all,

    I got married in March 08. My wife is on H1 before marraige and working at Minenapolis but after the marraige she always stayed here(found a diff project) with me in DC. The mistake (i think) we didnt paid much attention the to the update on the address or the maritul status on paystubs and as of now both our paystubs show our older addresses and single status (as we thought we can file a joint return at the year end where we can do all adjustments). Now that my date is current and applying spouse as derivative will this raise any rfe (ofcourse i have the marraige doc)? As such iam not to bothered about the rfe per se as ours is a genuine marraige but iam worried whether these rfe will lead to extreme delays (i have seen cases) and whether anybody encountered this kind of scenario before pl post your experience.

    Appreciate your opinions on this.





    mmk123
    01-25 05:31 PM
    Thanks wandmaker.

    What happens if there is any future foreign travel planned and COS decision does not come in time. Will she have to wait to home country till decision is heard and then go for H4 stamping or she can anyways go for H4 stamping even if COS decision is pending?

    TIA!



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