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  • morchu
    05-04 12:29 PM
    Is she now on "AOS" status or out-of-status?
    "AOS applicant". So she is NOT out of status.

    Is she has to file H4 as my friend's dependent?
    Not necessary.

    Ask both of them to have their EAD ready, if they don't have them yet.

    Guru's pl help..

    One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
    Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.

    Is she now on "AOS" status or out-of-status?
    Is she has to file H4 as my friend's dependent?

    Thanks in advance..





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  • codywang
    02-08 02:11 PM
    Yes, my EAD was approved and stay with same employer. What happen if I don't go out of country after I get a fresh H1B approval notice?


    Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
    Thanks,





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  • ragz4u
    09-13 07:58 AM
    My I140 was sent to LIN too and approved promptly!





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  • martinvisalaw
    01-26 10:37 AM
    He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.

    Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.



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  • BMS1
    11-08 12:24 PM
    Do you mean RFE (request for Evidence) by "Query on H-1 Transfer " ? This happens all the time with any benefit application. You need to explain what that query is? If company C will respond to it by providing the evidence USCIS wants, things will take care of themselves.
    Yes can still go ahead and transfer to D only if you are sure the query will be addressed by company C and the approval for H1-B transfer is 100% certain. Normally it may be a good idea to wait for the approval.





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  • puddonhead
    08-17 04:40 PM
    HI

    I filed this week my N400 based on a 5 years rule;

    I am a freelance book writer and a web market engeneer;
    In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
    the trip lasted 5 months,

    I attached my taxes for the last 5 years to the application:
    will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?

    AM I in trouble when I show up for the interview? I am concerned

    pls advice

    thank you


    I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.

    I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.

    Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.



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  • inderman
    09-23 09:28 PM
    Hello All,

    My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...

    Here is what i received as an email response to the Service Request today-


    The status of this service request is:

    The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

    Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.

    Questions:

    1. What am i supposed to do now?

    2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.


    Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...


    Thanks for all your help... These forums and community has been a great help all along!
    -Inder





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  • iman.karta
    12-27 04:23 PM
    Hi Starscream,

    I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
    The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.

    So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(

    Thanks for the info!



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  • kghoshal
    11-22 07:17 PM
    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.





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  • indianabacklog
    03-27 04:21 PM
    It is legal to be paid for taking part in a clinical research study if you are on an H1B. The institution will provide you with a 1099 at the end of the year which you file with your tax return and of course declare the income.

    In answer to the second posting not all research is experimental so the risks can be minimal if almost non existent and a very easy way to get a bit extra cash.



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  • Blog Feeds
    01-12 07:40 AM
    AILA Leadership Has Just Posted the Following:


    Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!

    Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.

    More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.

    Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)





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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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  • jvs
    03-19 01:06 AM
    You can scan the hard copy using a scanner to get a soft copy. If you don't have a scanner, you can use one at Fedex-Kinko store.





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  • RollingStone12
    04-25 10:57 PM
    hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.

    Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?

    Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.



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  • drak70
    11-01 12:27 AM
    Hi all,

    My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
    Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?

    I appreciate any suggestions and thanks in advance.
    yes of course
    All US universities and Hospitals are non-cap
    the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)

    changing to cap-subject requires a regular oct-dependent h1b visa again





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  • BNB326
    08-21 01:06 PM
    What are the changes of getting approval by changing H1 to F1 and H4 to F1? Do i need to be in status during their review period of COS (H1to F1) or i can start scholl after filling COS.

    Thanks



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  • amdn123
    02-04 04:21 PM
    Does anyone know if you need a visa to visit the Grand Turk island? I am on an H1B in the US and taking a cruise to the Bahamas and T&C in April. The ship stops over at Grand Turk for 6 hours.





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  • humsuplou
    11-17 11:46 AM
    Thank you all for the advice and inputs!!





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  • fromnaija
    09-07 04:42 PM
    Hi,
    I have decided to quit my current Company A.
    My termination date is Sept 15th.
    Am talking to Company B for my H1 transfer.
    Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
    Thank You very much.
    Oz

    You mean before you are out of status? --- 60 days, I think.





    Nil
    03-24 11:04 PM
    'Saw Fareed Zakaria mention the topic in GPS on Sunday.
    Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.

    Smart ones are picking up - hopefully things will change over time.





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    June 12th, 2006, 05:48 PM
    I wish that the closest strawberries, which happen to be the brightest ones that draw attention, could be in better focus. Using a smaller aperture would bring more of the berries into focus. Otherwise, I really like the photo. Good job! :cool:



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