Monday, June 13, 2011

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  • rajuram
    02-20 10:12 PM
    Very Very Far.

    Also how far are we from this CIR or SKIL bill being passed ?any thoughts

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  • Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good

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  • kshitijnt
    12-02 06:07 PM
    I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.

    My question now:
    Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD

    If you can provide me with some links on USCIS supporting this, it would be great

    Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.

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  • prioritydate
    08-06 05:35 PM
    I have an LUD on my I-140 on 04/20/2008(Sunday)


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  • StarSun
    01-31 11:48 AM
    IV Members,

    Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.

    Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
    2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
    3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq

    Members can send their questions to Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum ( or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"

    Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (

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  • vallabhu
    06-14 06:47 PM
    Should the passport be valid for more than 6 months for applying I 485.

    If somebody can answer that would begreat

    I called my attorney this morning he confirmed passport need not be valid for more than 6 months.he mentioned that I can apply for passport renewal at a later date


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  • RollingStone12
    04-25 08:53 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

    To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.

    If you dont have anything...they wont approve.

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  • teachla
    11-02 01:17 PM
    A note: If you look at the web sites of immigration law firms, some of them can be very deceptive in giving you a feel that the firm is big; none the less it does not mean that big firms give the best advise and results. One advantage of big firms is that they deal with a good volume of cases and have good knowledge inhouse about the trends and what might work/does not work.

    Here are some of the consultation rates of the one's I had checked with last year:

    Carl Shusterman Los Angeles $ 390/ consultation - 30 Minutes
    Josie Gonzales Pasadena, CA $ 400/consultation- 30 minutes ( calls herself the queen of PERM )
    Sheela Murthy- Maryland $ 250/ 20 minutes
    Attorney Dana Delott ( works in Sheela Murthy's firm $ 200/20 minutes and is good for consultation), other attorneys in Sheela Murthy's firm charge 150 USD for 20 minutes)


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  • zinchak
    10-19 01:34 AM
    Please see this if you have an emergency.

    Good luck

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  • desi3933
    05-10 09:43 AM
    More like an idle mind ;)

    Thanks. I have fixed the typo.



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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.

    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

    Make sure COS application reaches them before Jan 15th.

    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

    Dont work beyond the date requested in your H1B extension.

    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....

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  • ghost
    07-19 02:19 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...

    So now you are getting a feel of the whole mess we all are into. Welcome to the club!

    Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.

    You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at:

    Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.

    You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.

    Good Luck!


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  • gcnotfiledyet
    03-16 05:54 PM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????

    If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.

    Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.

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  • desi3933
    06-12 04:51 PM
    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)

    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.


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  • Saralayar
    08-07 10:42 AM
    Relax guys...sorry ..

    do you need to use these kind of words for posting a thread which I did by mistake?
    Check the threads in the forum and then create a new thread if necessary.

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    02-08 03:05 AM


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  • bijualex29
    05-26 06:51 AM
    Analysis of Visa prediction if Bill passes in senate in current form

    90,000 visas to clear backlog, 10% county limit.

    9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).

    Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?

    Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.

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  • GCVivek
    04-08 05:56 PM
    US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:

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  • JazzByTheBay
    09-14 10:06 AM

    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at (

    cheers, and see ya'll in DC!

    05-06 12:23 PM
    I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.

    My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?

    I am assuming 2 years. Am I correct ?

    I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.

    Is the situation that exists today any different than it was in year 2000 or 2001 ?

    Any comments will be greatly appreciated.

    Joey Foley
    November 21st, 2005, 06:54 PM
    The shots can be sharpened much better which would make all of them even more appealing.
    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?

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