Sunday, June 26, 2011

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  • dixie
    08-22 01:14 PM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?





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  • tinamatthew
    07-21 02:00 PM
    Thank you katrina for your response.
    My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
    I also wonder if my entries from 1986 will show up when they check the records.

    It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.





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  • ivgclive
    03-11 01:05 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.





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  • bigboy007
    02-12 05:50 PM
    I have asked more than a couple of friends to join IV today and contribute to their efforts. Still snail mail is the best way to send letters or else IV could have already mentioned about Faxes where the same can be achieved in minutes.

    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!



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  • gcformeornot
    08-29 12:36 PM
    I saw many 2nd July Polls but doesn't have full proof information.
    So thaught creating New Poll.
    Hope everyone will participate in the Poll.

    not full proof.





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  • vinzak
    01-04 11:27 PM
    LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL

    with original witty quips like that, i would really encourage you to be a standup comic.



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  • ena23
    03-08 12:33 PM
    they got confused that he is a full time ??..pls share more light..your situation is not clear to me





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  • dc2007
    08-08 03:56 PM
    I talked to my lawyer and he suggests me to show address as per my tax return.. So I did that.

    He said it doesn't matter even if you have license of different state and showing residence of different state.

    In my case, addresses are totally messed up. I just put the addresses as per my tax return. And in my case I got H1 in Nov 2006 only (less than year), so there is a good chance of back-ground check.. Lets see

    Good Luck to everybody

    damn! i have the same issue. will u pls post the answer when u have it.

    my laywer doesn't know what to put and my employer is not cooperating!



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  • VisaHelp
    07-26 09:23 AM
    I wasn't filing for an extension but rather a transfer of my H1B. It expired while waiting for the transfer. Do you think that might make a difference....negatively?

    My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.

    Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.





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  • desi3933
    06-22 07:51 AM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.

    I am NOT an attorney and this is not a legal advice.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.

    I agree this is good idea. She may have to travel out of US to get back into H4 status.



    See above in Blue.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002



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  • reddymjm
    03-16 12:20 PM
    expect an RFE in a month or two. Also fill in your profile to help others...





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  • mdipi
    11-01 07:39 PM
    input?



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  • jingi1234
    08-20 09:51 AM
    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf

    Wow...thanks for the url...this is what I need.

    Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?





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  • ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.



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  • nixstor
    02-09 07:10 PM
    I know that its a blog but that the tone of blog clearly says that they are very close. If I am not mistaken, their previous 50K was also recaptured from unused EB numbers.





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  • alex77
    10-11 01:39 PM
    If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.

    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:



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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • coopheal
    09-13 03:42 PM
    I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).

    btw, I dont get why I am already 'infamous' :)

    I am sure you are well aquinted with IV and EB process.

    You proudly keep profile incomplete....
    Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
    ....

    still wondering why you are so "famous"....





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  • franklin
    03-24 01:00 AM
    In prep for the conference call, I suggest everyone read the documents prepared by Varsha and Sanjay (varsha@immigrationvoice.org sanjay@immigrationvoice.org) so that we know how to present our united case and make a memorable impression.

    You can either email them, or PM me, and I can forward the docs, so we can read and inwardly digest!

    The lawmakers I believe we need to talk to are:-
    House Representative: Nancy Pelosi
    Senators: Barbara Boxer
    Dianne Feinstein





    needhelp!
    02-11 03:15 PM
    Link is not working for me.





    gc_buddy
    12-03 12:52 AM
    Good news..But, let us not stop our campaign until we hear something concrete from USCIS.



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