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  • uma001
    07-21 06:47 PM
    OP (greenmonster)

    Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
    http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html





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  • gc_chahiye
    04-20 01:06 AM
    Hope this answers your question.

    wow! that was such a great description of all the events. Very nice! thanks a lot.

    To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!





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  • gc_check
    11-26 05:31 PM
    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....

    I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
    On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.

    Please verify this with an attorney.





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  • wandmaker
    02-18 02:33 PM
    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    It is a key point to know, thanks for posting



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  • waitingnwaiting
    01-26 11:48 AM
    Just wake me up when you guys get your answers. You should post on this thread.
    zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz





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  • invincibleasian
    02-06 11:15 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you

    First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.



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  • Better_Days
    04-07 01:20 PM
    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.

    I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)





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  • Dhundhun
    08-05 06:39 PM
    Dhundhun,

    What is your source for the 1% to 5% estimate?

    Internet posts. For the last 2-3 years I have been looking about and this be ball park figure given. Also as you see that there is big variation in this; 1% to 5% is a big difference.

    It would be nice, if someone has better idea than this wider range.



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  • fullerene
    06-30 09:11 AM
    CIR is dead and DOS is trying to revise its VB. these two are good news from some aspects. They will help us to concentrate our focus on strategy. Here are some of my suggestions:

    1) We may have limited power to speak out alone. But we can unify all groups, parties or sources which will benefit our strategy, such like business group, AILA/AILF, Ombudsman of USCIS, some media reporters and capitol hill insiders.

    2) Short term strategy - To revise petition process
    a) I/140 and I/485 are the continous steps of the process for imigration petition. Right now. they are broken by VB. Applicants with approved I140 should file petition right away.

    b) Following Ombudsman's suggestion included in his 2007 report, we shall suggest that the visa number shall be issued within 180 days of the processing window regardless the visa number availability and conclusion of the name check. The procedure chance will significantly improve the VB predition and limit the waste of visa numbers or revision of the VB during the middle of the month.

    c) Started with new fees, the application of I-485 will be a package including AP and EAD. The renewal of AP and EAD will be removed during the pending of I-485. Then following the suggestion b, we shall request USCIS to provide a case process report after 180 days indicating the status of the process if it can not be concluded within 180 days.( reasons maybe name check or visa availability). Furthermore, USCIS shall have temporary green cards for the applicants whose applications have been approved but the green cards could not be issued due to other reasons as mentioned above. and teh temporary green cards shall be renewed peroidically or be replaced by formal cards if everything is clear.

    d) name check shall be concluded within a reasonable time window. Otherwise name check won't be a sense. Generally speaking, people with a longer history will take more time to complete the process and people with all documentations will take more time to complete it compared with illegal ones since they don't have any records at FBI. Also validation will be questioned if the process takes too long. If the process takes three years, so how to make sure that there is nothing during these three years? Also most of us report our status faithfully, have inspections when re-entering the states.

    e) In order to avoiding wasting visas, USCIS shall have some time to complete the previous year's visa left-over, such as first 2 monthes.

    3) Long term strategy- flexible visa cap according to market requirements





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  • kasanski33
    02-23 08:44 PM
    I will be there



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  • SL%%
    08-02 04:44 AM
    Hi to everyone, in about a month and a few days from now, we can expect the FY 2010 to start (from the bulletin that is, release on Sept for Oct). Many of us specially on the EB2 & EB3 Row are eagerly waiting for the update on the first month of the FY. Lately, we've been hearing stuff where USCIS is pre-adjudicating some cases already and based on the info from this website, (TSC-NSC update (http://www.imminfo.com/Newsletter/2009-AILA/TSC-NSC_update.html)) according to the info, USCIS have literally also exhausted the EB quota for FY 2010.

    My question is, if indeed USCIS started pre-adjudicated most of the 2007 filers, does this mean more or less we can expect to have our GC's this coming FY 2010? Well of course it would still be based on priority date but what's kinda odd is that, if USCIS is pre-adjudicating cases even with non-current priority date, then still doesn't release them this coming FY 2010, what's the point of doing it?





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  • a_tyagi26
    02-23 06:06 PM
    I have same problem from. I cannot click on the very last post, on first column of forums on homepage.



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  • nhfirefighter13
    September 2nd, 2006, 06:37 PM
    Nice job, Antonio. I like both but prefer the second. :)





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  • iv_only_hope
    01-15 10:20 AM
    Update from my lawyers site

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned



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  • thomachan72
    01-14 08:48 AM
    Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
    How can you protect jobs here by taking away the job of another person??
    The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
    This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
    FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".





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  • eadguru
    11-06 08:34 PM
    No FP yet. How can I contact USCIS regarding FP? Does I need to contact TSC or VSC?
    Your help will be appreciated.

    ----------------------------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24, Received 11/01
    AP - RFE for clear copies of PP 11/01



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  • ramus
    06-20 08:41 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.



    Can you detail how to get the photos taken from AAA?

    Where do you need to go for the pics taken?





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  • abhijitp
    11-21 02:26 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear this! Hopefully he will have no problems given the job market conditions (and the EAD, of course)!





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  • reno_john
    05-07 04:10 PM
    takes around 1 to 2 month. My friend got his duplicate in 1 to 2 month but need a police complaint while filing for a duplicate.





    aroranuj
    06-16 05:20 PM
    My I-140 was filed during the July 07 fiasco....still pending EB3 category. So if I do decide to move on my employer cannot revoke my I-140?





    Earned_GC
    02-10 09:19 AM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.



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