Sunday, July 3, 2011

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  • snathan
    02-28 11:34 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.

    Its illegal and you can not attend only online course with F1 visa.

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  • srh1
    08-18 02:14 PM
    Thanks abhisam for your reply..

    The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.

    I dont know what this means????

    Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????

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  • lhk86
    08-12 10:42 AM
    My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

    My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

    Is it ok to travel via Frakfurt? Would she need a transit visa?

    Please advice. Thank you,for your responses.

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  • bharat2008
    08-09 12:13 AM
    Hi all
    I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.

    My question:
    can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .

    Thanks in advance .


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  • madhuri_sri
    10-03 01:14 PM
    Thanks everyone for the input.
    And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
    Thanks again.

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  • thomachan72
    07-08 10:26 AM
    Somebody should open a separate thread with names of attorneys who are not easy / safe to deal with. People can post the names of the attorneys and a brief description (without specifics) about the problem they encountered. This could become an excellent review post for immigration lawyers. we could also maybe put 3 or 4 criteria to score them from 1 to 4. for eg:-
    availability to answer questions
    timely filing
    acurate filing (with all documents)
    current with legal provisions and latest changes
    overall easiness to work with
    etc etc


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  • alex05
    04-05 09:27 AM
    what is the 2nnd RFE about? Is it related to the first one?

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  • srikondoji
    06-27 01:19 PM
    Can i file for I-485 while my H1-B extension petition is pending?
    Should i premium process my H1-B petition before i can be ready to file my I-485 in july?



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  • Rune
    February 3rd, 2005, 01:55 AM
    Nice edit Anders. And your version seem to be more in line with the rule of thirds too?

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  • RNGC
    08-22 11:23 AM
    Many of us are getting 2 year EADs. Great job IV.

    Why AP is not issued for 2 years ? Have any one got 2 year AP ?

    Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?

    The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.

    Can IV please help on this issue ?



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  • bayarea07
    07-09 04:54 PM
    Hello All,
    I have couple of questions regarding Travel Document or Advance Parole.

    My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.

    - Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that

    - Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.

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  • chi_shark
    08-18 11:36 AM
    afaik there is no impact on GC... EXCEPT: if there is an RFE, you have to prove beyond doubt to uscis that you have a full time job and your job duties are "Same or similar" to what is in your labor application... however, if you asked me, from a tax and liability perspective, i would recommend going for llc/s-corp/c-corp (based on your situation) instead of 1099... even 1099 can be used for good tax benefits but is not that great from a liability perspective... having said that, if you are into software development, it is likely that you will be asked to buy liability insurance... so, it all depends on your situation...


    I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

    My status
    Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
    485 pending since more than 6 months

    Thank you


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    10-09 04:42 PM
    That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.

    IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?

    I dont even have the receipt number.

    my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?

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  • the_googly
    03-25 05:05 AM
    I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.


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  • cilantro
    09-28 05:16 PM
    My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
    What can I do in this situation? Please advise.

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  • kirupa
    04-22 04:35 PM
    Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!


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  • jkays94
    06-21 06:46 PM
    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?

    I-485 part III would require you to answer 'yes' to the following question:

    Have you ever, in or outside the United States:

    been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

    Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.

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  • TexDBoy
    09-11 10:30 PM
    I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....

    What Happens to my H1B if I am Abroad?
    Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.

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  • bindas74
    01-23 11:16 PM
    Hi Gurus,

    I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
    Please advise.

    Thanks in advance

    10-17 12:29 PM
    I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.

    Lincoln Stone in LA,
    Bob Gaffney in SF,

    can u tell me more about this Seattle City investment? u can PM me if u want.

    09-20 12:40 AM
    saileshdude, what are your details like PD, Service Center, RD, ND etc?

    I called NSC, but not info other than pending status.
    Excited & Tensed !!

    Between, what is G-28 ?

    I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation

    Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?

    Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?

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