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    • Becks
    08-03 04:47 PM
    USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.



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    • anyluck?
    09-09 08:16 PM
    Hi

    I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

    1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?

    2) How many weeks will it take under premium processing to get new I94

    3) Do they have to apply only after Oct 1.

    4) Are there any chances of getting rejected at this stage.

    Can any one please suggest.

    Thanks



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    • MiniCooperS123
    July 23rd, 2004, 10:16 AM
    Thank you very much for the info. I've always loved photography just never found the time to learn all these things. Seems like I am making up for lost time now. I might keep the 28-80 since it came with my Rebel 2000 and I got it for my bar mitzvah. I wish I didn't though, since I would probably sell everything. I might just sell the 100-300 and get the D70. I guess I could get the 300d, but it looks like my rebel and doesn't look as nice as the D70. Who knows, I am going to a couple of camera shops to fool around with them to make my mind up. Thanks for the information.
    Applying for I-485 - Confused, please help!! [Archive] - Immigration Voice
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    View Full Version : Applying for I-485 - Confused, please help!!




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    • DSP
    09-19 12:46 PM
    Hi All,

    Please help me on this. Here is the situation:

    1. Company A First time H1B - Oct 1, 2004
    2. Company B transfer - Jan 22, 2006
    3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
    4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.

    My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?

    Please advise and pardon me for my ignorance on this.

    Thanks in advance,
    DSP


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    • ssdtm
    02-28 11:37 PM
    You DO NEED an LCA with a new job location.
    It is a fast online process. I seriously recommend that you do it.



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    • arthi123
    11-19 10:14 PM
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    • LostInGCProcess
    11-10 09:03 AM
    Hi All,
    I have a situation where I can not find proper information and would like to ask all the experts in this column.
    I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

    - Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
    - If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

    Thank you!
    :)

    1) You can enter US on your H1B visa even though you might have applied for I-485.
    2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.



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    • psychman
    02-17 04:16 PM
    Thanks for the help Kirupa. It works great now!


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    • sodh
    07-27 07:00 PM
    That is why almost every Law firm has branches all over US.



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    • Jerrome
    05-20 04:46 PM
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    • thakkarbhav
    02-08 09:24 AM
    Your post is not clear. Do you have Permanent Resident Card? If yes then why do you need EAD?



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    • ozz232
    09-07 04:46 PM
    I meant before I am out of status.
    Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
    Thanks a bunch.
    Oz


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    • prasadn
    11-11 08:47 PM
    Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
    Thanks

    Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.



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    • immigration_confused
    07-26 07:35 PM
    Hi,
    My brother is in Toronto, Canada for a conference. He has an H1B extension which is not stamped. At the US airport before boarding the toronto flight they took his old expired I-94 (from previous H1B). He currently has his I-797 (H1B) petition that has the I-94 at the end.

    1) Can he use that I-94 to enter the US (his new H1B extension is not stamped). His stay is only for 4 days in Toronto.
    2) If not then what are his other options (except for H1B stamping as there are no dates in toronto)

    Would appreciate any advice as soon as possible.

    Thanks.


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    • ak_2006
    08-16 12:39 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    My friend did not face any issues at POE .



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    • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)


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    • memyselfandus
    05-26 08:00 PM
    You are spot on. I did spoke to some folks and every body said the same thing, you cannot bring the kid in this country unless the priority date becomes current. That could be long time the way things are moving....

    Hence we are stuck almost same situation as you guys are....

    Anybody who can give us any other alternative that would be great...



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    • suryamnb
    11-15 04:36 PM
    Does any one got "AP" approved, who applied in the month of august?from NSC.

    Hi,

    I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
    EAD card received on Nov 9, AP travel doc received on Nov 14th.
    FP Notice received on Oct 30, scheduled for Nov 27.


    Thanks!



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    • wonderlust
    07-30 01:28 PM
    I don't have a lawyer. I will do the correction myself when I get the receipt.
    Good luck to you.



    pd052009
    10-26 11:18 AM
    I have recently renewed my passport in Washington, DC. As I stay far away from DC, I get it renewed by post. It took exactly 40 working days to get the new passport. I remember, you have to select a date while filing the application form. So, dont wait... apply asap.
    Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
    Specifically,
    1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
    2. Will I get the renewed passport the same day ?

    Any other points/instructions that you think are important please let me know.

    Thanks in advance for your help. :)



    AllIzzWell
    03-08 11:19 AM
    Gurus,

    I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.

    Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).

    My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.

    Any input/advise is appreciated.

    Thanks


    Posted by Asphodel at 11:53 AM

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