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  • the_jaguar
    10-19 09:16 PM
    Hi you might also need the copy of the labor? or atleast the number for that one?

    Nope, not needed. You only need a copy of your approved I-140.

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  • continuedProgress
    04-28 11:23 PM
    Renewed my AP in fall of last year - applied online. Didnt need to FP.

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  • h1bq
    02-08 05:44 PM
    Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....

    Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:

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  • jasmin45
    08-10 07:55 PM
    Thanks Jasmine/lacrossegc/etal,

    Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,

    Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

    thanks so much,
    PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
    You can get it translated in India iteself and get it notarized... or get an affadivit notarized from both parents for birth certificate.. that should do it and you do not have to bother about translation.

    Regarding dates, no one knows when will it be current again.. as long as you have valid H1 and approved 140 you are good to continue to get 3 years extensions... until it becomes current again..


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  • Madhuri
    08-30 08:04 PM
    But if somebody wants to be in Canada for citizenship he has to stay there at least 3 years. After this period if he gets a fresh H1 for the same company and assuming that hsi PD is current, I am wondering if he can still file I-485 based on I-140 approved 3 years ago?

    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485

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  • Hassan11
    04-14 04:43 PM
    anybody knows the answer to the correct fee to apply for travel document (AP)? do I need to do FP?



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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:

    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.

    The assault on H-1B's is not only offensive, it's dangerous. Here's why:

    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)

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  • kanshul
    01-06 10:18 AM
    I doubt you will be able to get in...

    I went for stamping in Canadan and before they even interviewed me they invalidated my visas by stamping them.

    So the old visas don't remain valid so you won't be able to get in if your visa is rejected.


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  • masti_Gai
    09-20 04:11 PM
    the link wouldn't have helped ya
    coz the link would also show the same date.
    Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
    so decided not to travel:(

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  • DudefromBombay
    11-11 12:57 PM
    I can't agree with you guys more. This guy is the biggest hypocrite of our times. He couldn't have chosen a better channel to put forth his views


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  • natrajs
    04-15 11:53 AM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

    You can either mail the Tax return or put $0 for the wife's last year AGI and E file it

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  • ram_nara303
    01-08 01:53 PM
    I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.


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  • imh1b
    12-06 08:25 AM
    What are chances of Dream Act?
    What are the chances of including our provisions in the bill?

    What happens if the bill passes without our provisions?
    What happens if the bill fails?


    Null, zero, Nada, Zilch

    Just google Dream act. and then google Recapture visas. You will have your answer.

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  • i4u
    04-26 10:45 AM
    RFE can be issued to any person of any age. Until you know what the RFE was for, it is unlikely that anyone can help.
    But as you said, your entire family got it so the rfe must be something minor.


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    05-04 01:47 PM
    When the employe and employer are two different entity...why can not?

    I will have a very good employer- employe relationship...:D

    When you start your own company arent you the employer or part of the ownership and when you sponsor your H, arent you the employee too? Sorry if I am missing something here

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  • eb3retro
    03-16 01:49 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.

    how abt u update ur profile first.


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  • gc_wow
    08-14 08:13 PM
    I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?

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  • sunimmi
    06-11 02:29 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

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  • me_myself
    01-18 08:18 AM
    Spoke with a lawyer - he said have a letter from my company saying i was training our indian vendor and now returning back to resume work in US. Also have proof/documents that shows my US company exists and a verification letter from them.

    My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?


    08-05 01:37 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    --Is it a DREAM?

    09-21 06:44 PM
    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.


    Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.

    SO keep sailing in the boat with everybody.... ;-|