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  • NolaIndian32
    04-23 12:17 PM
    Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.

    You can immigrate base dupon family sponsorship, employment or just the point system without employment.

    I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.

    Best of Luck





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  • Prashanthi
    07-22 05:57 PM
    Hello,

    My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail

    But today I have received the status change from Approved to Document mailed from USCIS online system

    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

    On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.


    what does it mean ?

    Thanks in Advance


    The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.





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  • senk1s
    09-18 09:34 PM
    on ead you may work for (and get paid by) anybody





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  • sent4dc
    05-13 01:33 AM
    I am not getting paid equivalent to what is there in my LC. Is there any problem to get approval of my I-458?The I-485 has nothing to do with your salary, it is the "Application to Register Permanent Residence or Adjust Status". It makes a difference for your I-140 application, though, but you will need to re-phrase your question then.



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  • devikas81
    02-08 01:40 PM
    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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  • lazycis
    12-20 09:22 AM
    She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)



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  • voldemar
    04-18 10:34 PM
    Poll is asking only about filing. What about people who already filed 485 and then retrogressed?





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  • desi3933
    02-18 11:36 AM
    ......
    As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

    Will this be a big problem in the future in terms of Green card processing?

    ......
    ..... I don't know much about the legal process.

    Thank you!

    First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.

    Read this pdf
    http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

    You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.


    ________________
    Not a legal advice.



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  • bkarnik
    10-26 10:03 AM
    I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.

    Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.





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  • techskill
    08-14 03:26 PM
    Hi All,

    I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.

    PEACE



    Also your company should put up ads for the labor about the vacancy. You cannot put ads for yourseld.



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  • rameshraju11
    06-08 11:00 AM
    Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent





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  • codywang
    02-08 11:42 AM
    Hi all,

    My H1 was expired last year with 6 years terms so I used my EAD since last year. Can I go back to H1B still because my i-485 is still pending for renewal another 3 years term? Which law is winning, 6 years H1B if did not continue renew my H1 or I-485 pending so I can continue renew? I have found different attorney have different answer.
    Please also see this link.
    http://www.avvo.com/legal-answers/h1-expired-1-mnth-ago-on-ead--i-140-1-yr-old--chan-199590.html

    Thanks
    Cody Wang



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  • DSP
    09-19 12:46 PM
    Hi All,

    Please help me on this. Here is the situation:

    1. Company A First time H1B - Oct 1, 2004
    2. Company B transfer - Jan 22, 2006
    3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
    4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.

    My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?

    Please advise and pardon me for my ignorance on this.

    Thanks in advance,
    DSP





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  • ns521
    12-22 09:32 AM
    If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.

    I may be wrong.Please consult an attorney if needed.

    Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
    Thanks



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  • drona
    09-07 02:54 PM
    Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.

    http://immigrationvoice.org/forum/showthread.php?t=12976





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  • whattodo21
    01-28 09:15 AM
    If waiting for decades is not considered backlogged, don't know what it should be called!



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  • sammyb
    02-16 11:57 AM
    DS 157 is required based on age of the applicant ... your dad may not need but your mom need it ... pls check the vfs site for age range for DS 157 ...

    hope this helps

    HI,

    I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.

    So the final list of documents it generated was :

    Dad's ds 156, Mom's ds 156,157 , interview letter.

    Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?

    Thank you for your time.





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  • prav27
    01-20 09:45 PM
    I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.

    You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"





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  • shobaseshadri
    01-09 01:33 PM
    My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?

    Thanks.





    purgan
    02-04 12:58 PM
    I have heard if one leaves the country while AP is being processed, the application is considered abandoned.

    My lawyer specifically stated this.

    This is an interesting twist..anyone else care to comment?





    Ann Ruben
    05-28 01:40 PM
    1. An F2B petition can be converted and you will retain the original priority date as long as you do not marry before your father is granted citizenship.

    2. You can and probably should pursue both family based and employment based permanent resident status simultaneously.



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