Sunday, June 26, 2011

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  • villamonte6100
    10-15 10:03 AM
    Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?


    When did you renew your DL?

    Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.

    In other words, they check for your immigration status.

    There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,





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  • NKR
    02-18 11:32 AM
    And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

    But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
    Fear of recession may also reduce new H1B visa demand.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..





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  • amitga
    10-26 10:27 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.





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  • cheg
    09-26 02:39 PM
    Congratulations!!! Yes, GC still sucks so good luck to us all! :D



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  • indyanguy
    01-14 12:43 PM
    For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

    Thanks

    PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.





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  • fatboysam
    05-17 12:39 AM
    I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?



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  • sanju
    07-11 10:57 PM
    Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia.





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  • lazycis
    02-14 04:48 PM
    Violation of regulations is also affirmative misconduct.
    Here is an extract from my brief

    8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
    �A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
    If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�

    The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.



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  • casinoroyale
    10-02 10:09 AM
    Otherthan waiting whatever time they take to verify education details, may be you should try to transfer the case to consulate in India (or) withdraw the application from Vancouver and apply fresh in India. This is a standard and well known "watch out" issue when any foregin national applies for visa in a country other than their home country. Although not everyone faced this problem.





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  • franklin
    03-26 07:53 PM
    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.

    Not sure if or how to PM docs - PM me your email if you like and I can forward them



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  • dessoya
    06-22 06:56 PM
    all the images are broken, does anybody still have them?

    they were all listed at the kirupalab





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  • sweet_jungle
    12-29 08:53 PM
    You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.

    u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!

    I have filed G-639 in May, 2007. I recently got a response that my case is on number 40,000 out of a list of 80,000 cases.



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  • prem_goel
    08-18 04:22 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.





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  • msgoud
    03-08 12:15 PM
    last year his client was in arizona and this year his clieNt is in NJ
    looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.



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  • venky08
    05-30 06:38 PM
    my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
    so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.

    the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:





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  • abhijitp
    08-01 07:42 PM
    hi:

    I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

    I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

    I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

    Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

    Please let me know..is that is risky or will come back with RFE?

    DB
    Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).

    If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.



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  • gomirage
    05-28 05:19 PM
    If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.

    Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

    On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?





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  • sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.





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  • USDream2Dust
    09-24 06:38 PM
    Guys.Don't make the mistake that I made.

    When you do medicals, get a copy for yourself as the doctor would seal the form and give you. Keep a copy for yourself.

    I went in to get Physicals done and was charged 580$ for me and my wife.

    they normally charge 200$ per person which is quite normal here in NJ/NY.

    But they couldn't fine a record for me and had to order blood work and charged me160 for it. Also gave me 25$ flu shot.

    On top of all they won't use my insurance for physicals.

    SUCKS!!!!





    rb_248
    08-14 06:56 AM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

    It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.





    leo2606
    09-26 10:21 PM
    It may be a silly question, can some one tell me what is the difference between EB3-ROW and EB-3?



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