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  • weasley
    05-21 09:56 AM
    If spill over happens it will be applied based on the Priority date not based on the country quota

    Few things:

    3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.





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  • s416504
    09-23 09:40 AM
    I mean stay on L1A (7 Year) with existing company. Apply green card through company B OR any other (For applying grren card, you don't need to be employee of that firm). Switch job as soon as you get I140 (premium process) approved from B company. If everything goes well, One year is enough to get I140 approval through premium process.





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  • smuggymba
    10-08 01:10 PM
    If u transfer within 30 days of getting ur new H1, u probably don't need paystubs. You can initiate the trasfer (premium) and wait for the approval and then quit from the current company. That way u'll be safe.





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  • smdfarooq
    06-01 02:20 PM
    Dear Friends,

    I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways

    I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.

    My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case

    Your response would be highly appritated

    Thanks
    Farooq



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  • waiting4gc02
    02-20 09:11 AM
    Thanks for the response.

    One more thing, so when I join Company B and they file for a new H1-B for me and also LC under EB-2, I should be able to use the experience that I had with Company A..???? Is this right..?

    Thanks again.





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  • ozz232
    09-08 10:28 AM
    Thanks a bunch to all.



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  • H1bslave
    10-19 09:03 AM
    one will get GC awarded if he crosses border illegally and becomes a victim.
    This is insane.

    http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa





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  • fernandoamat
    11-17 09:31 PM
    I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
    My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
    I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?



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  • seanl
    08-07 03:22 PM
    I received an RFE that put my I-485 on hold,

    "In order to process your application further you will need to submit the following:

    1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

    OR

    2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.

    Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."

    I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).

    I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
    status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?





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  • exploitedone2008
    03-13 09:59 PM
    what is Freedom of Information Act and how can it help him



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  • pt326bc
    09-30 07:19 AM
    With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
    Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
    Will it be possible to go online and change to PO box address for I-485?
    Does INS has any issues in sending GC to po box address?

    I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
    This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
    I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
    Anything different coming from your lawyer would be welcome.
    Regards.





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  • snathan
    10-21 04:31 PM
    Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.

    I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.



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  • pa_arora
    09-05 01:30 PM
    Thankyou guys, appreciate your answers and help.





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  • GoneSouth
    07-27 11:02 AM
    LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.



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  • Blog Feeds
    12-14 11:30 PM
    Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.

    I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.

    The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.

    One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.

    It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.

    The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.




    More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)





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  • virtual55
    04-07 09:02 AM
    http://www.numbersusa.com/hottopic/H1B.html



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  • sidbee
    03-11 11:04 AM
    Folks,

    Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins

    Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)

    U think USCIS doesn't know this ??? Creating this thread ,with the given title is just a waste of everyone's time,





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  • kanshul
    02-08 09:39 AM
    At this time there is no certainity.At the rate in which dates are moving in EB2 India (1 month move in a year) your PD will be current after 10 years. You may not even consider coming here then.

    More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.

    Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)

    I do wish you all the best.





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  • nozerd
    02-24 01:08 PM
    My wife graduated in December from an ADN program in the US. She passed her NCLEX last month and has been working as an RN since then. She is working on an EAD based on my 485 application.

    I believe a GNM and B'sc (Nursing) will both work in the US (From my reading only 1 state South Dakota exclusively requires BSN), but for foreign qualified nurses in addition to the education they require minimum 1 yr clinical care experience before sitting for the exam. They also will need to be qualified as RN's by their respective state nursing board or counsil in India.

    You should post your questions on this forum. It is very informative on various aspects of the Nursing profession

    http://allnurses.com/international-nursing/

    Best of luck.





    thakkarbhav
    08-10 04:19 PM
    Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.





    bekugc
    03-18 04:30 PM
    from what we see on other posts, what matters most is
    1. company is hiring u as a fulltime employee
    2. job desc is same or similar
    3. annual salary is >= one specified in approved labor

    you can get paid by hr, but just extrapolate that hrly value into annual salary, and state that.



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