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  • ivvm
    10-07 08:54 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.




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  • VivekAhuja
    08-21 06:28 PM
    You can work as many hours as you like when on H1B. The only requirement is that you work for the SAME EMPLOYER that sponsored your H1B.

    Letter for parents to come if required only when getting visa at the consulate (addresses to Consular Gen.). Nothing is needed at Port Of Entry. They are Immigration Officers at POE, but the only questions they will ask is where will they stay? What is your name? where you work? etc. Simple Qs.




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  • raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.




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  • reddog
    04-24 03:07 PM
    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL

    If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.

    If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
    OR
    you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).



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  • malibuguy007
    07-21 11:31 PM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.




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  • bsbawa10
    08-15 11:14 AM
    I have made these changes ..

    Thanks sachug22



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  • MatsP
    May 12th, 2006, 08:27 AM
    Of course Nikon can't help support third party lenses. They have a specification (that isn't available to others) that specify how the interface between the camera and the lens should work - but the can't change that specification (or change what the camera does) in order to support other manufacturers lenses. If they really wanted other manufacturers to make lenses to work on Nikon, they would perhaps publish (or license) the specification. But I don't think Nikon is particularly interested in doing so.

    Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.

    The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.

    --
    Mats




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  • rajev_kk
    06-20 06:12 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.



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  • ksrk
    08-15 02:10 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om

    Hey Omved,
    If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.

    Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...

    The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.

    I honestly can't think of any other options...can you?

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.




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  • ganesha
    07-31 06:09 PM
    http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/56_days.jpg

    USCIS - Redesigning USCIS.gov (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a4e522e97ccc2210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)



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  • jayram123
    07-18 07:29 AM
    short visits in this case should not reset his 365 day clock. days of this short visit will just not get counted towards the 365 days.


    If I was in your position, I would try getting him here immediately and then try applying for 485 ASAP so he can get his EAD. When you are so close, he doesn't need a new H1.


    I would also bring him up here earlier since medical exam and all that takes some time. You may not be able to do this if you have a really short timeframe.



    Good Luck!!!




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  • logiclife
    06-18 05:59 PM
    yeah. still, isn't it a little "short"?!:)

    I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:

    Dont be concerned. Over documentation is a common phenomenon and most people do it to preempt RFEs and inquiries and I dont think it works that way.

    Here is what I posted on a separate thread earlier today. My lawyer too has sent me a very very short list of documents he needs. And although he is a little slow, his performance so far has been flawless ... Knock on wood.

    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Another example is color copies of visa stamp. What would a color copy prove that a mono-chrome copy would not? Wouldnt USCIS verify the legitimacy of the visa stamp by cross-referencing it with their own database?

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). That doesnt mean it works that way. You can still get RFE and additional request for documents later.

    However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases on first impression). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last. And sending USCIS last 5 years of tax returns might do exactly that. Why drown the officers in paperwork?

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).



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  • pappu
    06-05 11:43 AM
    If you plan it right, you should not have problems.
    - have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.




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  • kks_sundar
    03-22 04:03 PM
    I got the same response from my attorney for my AP to be approved. It is very funny that first he said I can not leave the country while AP pending and they he said that I could leave once my biometrix appointment is over. I am holding it until the critical situation comes for my desparate need to go to my homecountry India.

    Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).

    What you can do is...
    1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.

    2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.

    3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.

    4. Quiltely wait until the AP gets approved.

    Good luck on you AP



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  • gssh
    06-13 09:30 AM
    .




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  • lostinbeta
    09-05 10:16 PM
    Thanks Hojo.

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  • H1B-GC
    07-13 03:23 PM
    The blog is an 'ancient' news in IV.This been discussed and discarded




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  • nirenjoshi
    05-25 09:51 AM
    Several things to consider before making any decisions.
    1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
    2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
    3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
    4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
    5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
    6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
    7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
    All the Best!




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  • sai
    03-26 06:22 PM
    thanks for the info. Sounds interesting.




    Pineapple
    08-05 12:37 AM
    An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.

    If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
    (USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)

    Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.

    PS: I'm not a lawyer, so don't shoot me, please..




    chehuan
    01-18 03:17 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

    I can surely find out and let you know
    Thanks to all for helping out
    I am just into the process and I am not so wise with the whole thing



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