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  • anilsal
    10-12 12:59 AM
    at one point. Your school should have an office of international students or such who would have clear understanding of scenarios such as yours. In addition, an immigration attorney needs to be consulted.

    Why not use the IV attorney by asking questions?





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  • green_4545
    03-10 03:29 PM
    Appreciate if somebody can advise.





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  • avikey
    04-27 05:45 PM
    Hello

    I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
    when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
    can anyone help me with this.
    how many days will it took to complete the process??
    is there any other way around........
    please answer me ASAP.





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  • skpanda
    06-02 10:43 AM
    Not a legal advise. My 2 cents.

    I have never heard of employers pulling credit history to decide upon job offers. I have changed jobs when I had no credit history and when credit history was bad (in 500s) because of outstanding debt (no delinquency though), never had any issues.

    Hi, I would like to change job but my credit history is so bad. credit score is in recovery stage. I was unable to pay credit card debt and worked with settlement company and settled all the cards..I paid every thing as of last month. But there were delequencies still appearing on my report..

    I am working for a decent company, but i would like to change the job due to uncertainity and very less compensation..

    It is very very urgent. Can some one suggest if there will be any issues that matters job switching. In general, will the companies pull credit reports and deny jobs based on credits...Will the credit history matters.. I did not had any foreclosures or bankruptsy.

    Plz plz suggest..looking for a way around..



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  • go_guy123
    03-11 02:04 PM
    My sister in India may be getting married to a US citizen..she would like to apply for a tourist visa first so she can come stay in the US and spend some time with him before her marriage.

    If she applies for a tourist visa, stays in the US for a month or so and then later they apply together for a fiance/K3 visa, are there going to be problems for the K3 visa application considering that she had just applied for a tourist visa before? Is it better to not apply for the tourist visa in this case? Thanks...

    Way to go !!! great . Thsi is the way otherwise if you follow the other wise (round about way) Declare intent and get GC at Consulate...USCIS will start giving you a hard time with with rampany misuse of 221(g) enquiry etc. That is the beauty: At consulate they have unchallenged powers and they know it and therefore abuse it; But once you enter USA ...if they give you a hard time, you can haul their a**es to court and
    sue them


    If you ram into US with a B1/B2...then great they will made deal with you...however one thing
    be careful about...if the marriage is soon after you enter US and can complain of the false intent in the B2 entry...

    Have alook at Fiancee visa (K Visai think so ) as well.





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  • yestogc
    05-07 05:08 PM
    Still a long way to go to get the card first.



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  • MrWaitingGC
    09-28 02:35 PM
    I think he has suggested you for Good. And take a look at the add what they have given for LC. If this says you need MBA then you can go for Eb2 else you cannot.

    I another case a guy had 10yrs experiece but job requirement asked for 1 yr so they have to go for EB3.





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  • H1bfighter
    07-09 04:14 AM
    Inorder to take the priority date with you, the I140 petition (after the labour approval) needs to be approved.

    I think there is no way you can take your priority date with you just with labour approval.



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  • Anil_s
    09-07 11:00 AM
    Hi,

    Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

    In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
    Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

    Thank You,
    Anil





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  • number30
    03-11 06:21 PM
    I would like to get your opinion on current situation.

    Education: MS(Ind Engg), 5+ yrs exp.

    I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.

    Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?

    Dhiren

    No labor amendement is possible. You have to go through Labor and I-140 stage again.



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  • nmdial
    02-26 09:26 AM
    Dear Lawyers,
    I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?

    Thanks and regards,
    Nishant





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  • nnk555
    03-26 01:05 AM
    Hi,

    My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?

    Appreciate the reply.

    Thx...



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  • rongha_2000
    04-22 12:16 PM
    Workvisaforall,

    Considering you are an immigration attorney. Will you help me in my query?

    My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?

    I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.

    Your insights are appreciated.

    Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.

    AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.





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  • bharad
    07-18 11:03 PM
    When my attorney filed the I-485 last month, he mentioned the correct name and the mispelled name in the brackets.

    Any comments from senior members will be helpful.

    Hello Friends,
    I think many Indians might have faced this issue.We can spell same Indian name in several ways in English.
    I have one friend who is ready to file I -485.
    He found following issues with Birth certificate. Does USCIS rejects or REF I-485 for following reason ?
    1) His mother�s name spelled differently in his Birth Certificate. (One letter is missing)
    2) His wife's Birth Affidavit has different spelling for Father�s name. (One letter is different)
    3) Is first name enought in Birth Certificate or it needs full name ?

    Keep on good work of helping each other.

    jimytomy



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  • roseball
    08-06 10:20 AM
    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?

    Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.





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  • starscream
    07-01 12:39 PM
    Immigration - Forbes.com (http://www.forbes.com/2010/05/20/immigration-illegal-aliens-opinions-immigration-special-report_land.html?boxes=Homepagelighttop)



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  • loku
    09-30 08:38 PM
    Hello,

    I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.

    My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.

    Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:

    1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?

    2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?

    Thanks for your help and time. Please advice!!





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  • StuckInTheMuck
    02-02 12:23 PM
    AFAIK, EB1-B requirement includes at least a tenure-track position with the sponsoring University, whereas from your current job title I would guess yours is a contractual (no-tenure-track) position. You may instead take a shot at EB1-A (exceptional ability), which, like EB2-NIW, does not require a tenure-track job. Also, from your stated qualifications, you have a reasonable chance of getting approved, more so if a competent attorney handles your case. (I should add, these days USCIS seems to have raised the bar of EB1-A approval relative to EB2-NIW, so hiring a good attorney is important.)





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  • H1b_to_GC
    07-10 09:04 AM
    Did you get an answer from your attorney?

    Attorney confirmed that correction was made before final filing.

    Also said that the Labor Certification was tied to my I-140 which also got approved.





    shanky555
    05-09 11:39 AM
    Thank you so much for the response





    sivaramakrishna
    07-23 09:23 PM
    Plzz suggest me

    1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
    2.I got the new I-94 card
    3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
    4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
    5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)

    Thanks In Advance

    Siva



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