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  • ansari
    08-29 12:03 AM
    Hi all,

    My current H1B I-797 will expire in Sep. 30th. My company is in process of filing a 3yr extension, but they are still in the 10-day job posting period, so the attorney will not probably file until mid-Sep. Hopefully with Premium processing it might get approved before the end of Sep.

    My question: My latest H1B visa stamp was issued for 1 year (county-limit), and expires on Oct-17. Due to admin processing, it took almost 5 months to renew it last time. If i have the approval 797, and go to renew my visa either at home consulate, or in Canada, what would happen? A. Would they renew the visa without doing any new sec. checks or admin processing? B. Would they cancel my current visa if they put my new one on admin processing? C. Else?

    The purpose is just to have a renewed H1B before my current one expires, if this will be any advantage.

    Please advice.


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  • chanduv23
    11-09 09:26 PM
    You are asked to assume the position of President of USA and given power to do ONE immigration reform. What will be your reform?

    My attempt:
    Issue Green Card to anyone who have worked legally in USA for five years and abolish Labor, I-140 and I-485 processes. :D

    Please channelize your positive energy for IV. Have you joined a State chapter? Join a State chapter now and talk to your chapter lead and help towards IVs cause :)

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  • gprx100
    03-31 09:14 PM
    My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.

    Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:

    On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.

    From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.

    Is anyone in a similar situation or anyone has any advice?

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  • rima1805
    10-14 12:57 AM
    I was wondering if an attorney or any user with knowledge / past experience with I-485 MTR can help me understand the status of my MTR.

    My story in short:
    * EB2 I-485 was applied in July 07
    * I -140 was approved in Aug 07 timeframe
    * No change in employer, etc. Life as usual.

    All of a sudden:
    * Received I-485 denial on July 30, '09. No RFE no NOID. PD = Nov 06. Reason stated: underlying I-140 was not valid.
    * Obvious USCIS error. I-140 is alive n kicking. So applied for MTR on Aug 14.
    * Convinced my attorney to request for expedite based on USCIS error. Got a letter from TSC that the expedite was accepted on Sept 11. Attorney said I should hear in a weeks time, but the letter said within 45 days!
    * On Sept 25 there was an LUD on my I-485. Status of MTR still = initial review.
    * Got impatient today and called USCIS. Managed to get to level II. The courteous rep told me that on Sep 24 my I-485 was reopened for reconsideration. Online it still says 'denied'.

    She also mentioned that the MTR has not been approved yet. Also that she could see a lot of activity going on with my case and someone has been assigned to it, which according to her was a good thing. God only knows what is 'good' per USCIS.

    I know it will take ages for the GC, but at least the AP was coming to good use. Now I'm stuck w/o a stamped visa and unable to make business trips either. Can someone share their thoughts on what happens next, if all turns out good with my application.

    Sorry for my long post... Thanks in advance for your time.


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    11-11 01:11 PM

    how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?

    The new job offer is 25% pay increase, otherwise very similar, could that be a problem?


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  • ss1026
    11-06 09:34 AM
    I would appreciate if someone could share their personal experiences/thoughts


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  • horus
    08-29 11:49 AM
    By law, you should have the originals on you when you travel, in some cases even domestically. So, you may definitely ask your lawyer to send you the originals.

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  • kak1978
    06-10 09:50 PM
    Hi there

    I am currently working on F1-OPT with company A. Company A filed for my
    H1B visa and it got approved, which is yet to start from Oct 2010. But now I
    got an offer from Company B. I have to get my H1 transferred to company B.
    I have informed my current employer(Company A) about this transfer.

    But actually they(company A) are planning to withdraw my H1B visa petition
    from USCIS as I will not be working with them from Oct 2010.
    I would like to know if this will affect my visa transfer.
    Can someone please let me know how it works and suggest me what should I do
    to get my transfer done?

    Thank you so much for the help

    You can transfer your H1B before Oct. There is an option in the H1 application for that. I don't remember the exact wording, but one of my friend did this last year and it was approved.


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  • Becks
    03-20 09:09 PM
    I was with couple of Big 5 consulting firms. Its good to work for them to add some weight to your resume. But I feel they really dont care for employees let it be immigration, comfort feeling, value to the employees etc.

    So make terms clear before joining.

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  • b_boy
    04-21 11:37 PM
    mine is paperbased


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  • va_dude
    02-04 01:32 PM
    Hmmm... your attorney needs to spell out exactly what the risk is.

    Cross chargeability is a perfectly legal thing to do while applying for your green card. So as long as you have your papers in order, not sure what the problem is.

    Ask him for details and maybe you should get a consult with another good attorney who's getting paid by you (not your employer) to make sure you aren't getting ripped off.

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  • nkavjs
    09-07 11:09 PM
    Hello Friends :

    I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."

    This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).

    My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."

    What does this all mean? I am so confused....

    Pls. advise me. Thanks a lot


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  • raysaikat
    12-21 01:57 PM
    Sorry if I am posting this in the wrong place, wasn't exactly sure where to post.

    I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
    I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
    When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen

    My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?

    Thank You

    You do not need any agency's permission to leave US. Just submit the I-94 form if you have one.

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  • trexx7
    07-27 11:07 AM
    Thank you. But Am I allowed to do 2 485 applications? I thought we need to stick with only one 485...


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  • loudobbs
    08-06 04:36 PM
    thanks for the info. I called the PP toll free number and was told that they will not do PP since I did not attach the original Lobor certificate with it. So I think I can expect my approval in a couple of weeks.

    Thanks! Hopefully ;)

    In my case i filed for I-140 and had a notice to deny bacause they put the worng name on the application....:eek:
    we then refiled a second i-140, but processing was stopped on that because they needed the original labor cert. from my first i-140.
    i filed on 19th May, and finally got approved on 27th July, although i did file PP.
    So i would say a couple of months is about right for the labor cert. to be transferred from one case to another.

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  • lord_labaku
    10-13 10:29 AM
    Pls. google USCIS pages for official info. You cannot stay for more than 6 months away from US each year every year. The situation might be different if its a US based company abroad.


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  • Blog Feeds
    11-01 09:40 AM
    A chart from Reason Magazine that says it all:

    More... (

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  • peer123
    12-15 08:42 AM
    Your thoughts!

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  • ita
    11-19 09:50 AM
    My EAD card was returned as undeliverable as Mail Box didn't have my name on it.

    I changed my address and requested the Card to be resent. CSR said it would take 3-5 business days.

    I spoke with a IIO today and she said it would take 4- 5 months to get remailed as per their policy.

    Which one is right ,CSR/IIO?
    Is there anything that I could do to get my card earlier?

    Thank you.

    10-05 02:10 AM
    I currently work for a leading film company in the US and hold a senior position under a O1 non-immigrant visa. Last year I applied for my GC under EB3, which was the choice made by my company . My priority date is Jan 2008 and I recently had my I140 approved. However, I have heard that given my work history and experience, I may possibly qualify as EB1 if I did not apply through company sponsorship. My question is, can I simply cancel my current application and re-apply myself under EB1 using my own lawyer? I am really hoping that I can change this category as the EB3 situation seems to be completely ridiculous.


    07-11 11:53 PM
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