Wednesday, 29 June 2011

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  • desixp
    05-31 10:32 AM
    Hi,

    Recently, I have used AP for my travel from IAD. I was sponsored by company A and I am working for company B on EAD. At POE the CBP officer asked me if I am still working for Company who sponsored my GC. I said no. I told them I work for Company B. They just listened and let me in.

    The other question that they asked me how long was my stay outside US. I was not sure why they asked that question.

    Hope this helps.

    DesiXP




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  • miami75
    09-28 07:27 PM
    I got a denial, now I am on the appeal process.

    I paid premium processing, I dont know if that is the reason of the prompt response after request for evidence

    Good Luck!




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  • yagw
    08-18 10:46 PM
    Hi,

    I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.

    My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.

    Any suggestions please

    thanks

    You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.

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




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  • ilikekilo
    01-13 08:52 PM
    bump



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  • averagedesi
    07-18 12:57 PM
    Looks like I am the only one in this situation... rough!




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  • manand24
    10-23 09:31 AM
    I also had a soft LUD on the AP applications for both me and my wife on 10/22/2007. I have to agree with tnite, there is no definite answer .



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  • Scythe
    10-18 02:18 PM
    Excellent work. Looks like that chicken spent a little too much time in the egg :grin:




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  • guy_with_question
    08-14 02:47 PM
    Anyone here whose application was signed by BESCH?

    EB2 - India
    PD: Dec 2006
    I-140: Feb 9, 2007
    I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
    Checks cashed - No
    Receipt - No



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  • mk26
    07-14 12:33 PM
    For me, company is moving to another town but same county , will this a problem ? is there any link to DOL site for this info?




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  • maddunr
    12-31 03:05 PM
    Change.gov is open for questions again - Round 2 this time.
    http://change.gov/page/content/openforquestions20081229/

    Can IV post a comprehensive question that all members can vote on?

    If you do post a question, make sure to let us know what to search for ;-)

    Thanks,
    V



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  • desperatedesi
    08-03 03:29 PM
    The 485 papers due to the rush for July 2nd. So looks like it is normal huh!!!

    Can someone clarify if it is normal for attorney's to sign the 485 papers?

    Thanks
    DD




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  • amitga
    07-01 08:55 PM
    I think you should have added June 30th also.



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  • vallabhu
    03-05 11:25 AM
    Thanks psgprasad

    My case was filed in EB3 and denied due to B'Sc but we have a strong case to refile so we will do that I am using Adam from Murthy law firm.




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  • irrational
    01-29 06:54 PM
    My dad's own brother is a U.S citizen. I am here on a H-1B

    My dad wants to visit the U.S. Who would be better to sponsor him ?

    Me or his brother ?

    Also, if his brother sponsors him, would the consulate ask why are you not using your son's papers ?

    Any help is appreciated.

    Thanks



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  • arnet
    11-21 01:50 PM
    few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

    I checked in H4 extension form I-539, they ask:
    1. current immigration status?
    2. whether you want to extend current status or change of status?

    But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

    Anybody experienced the same issue as above? Thanks.




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  • Blog Feeds
    11-10 03:40 AM
    AILA provided a very important update from the State Department, we wish to share with our readers.

    The Department of State has issued comprehensive new policy guidance on the use of DNA testing in the visa application process. This new guidance is set forth in a new set of extensive Notes to 9 FAM 42.44.

    In this new guidance, the State Department declares DNA technology to be the only acceptable non-documentary method for proving a biological relationship. The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab.

    According to the Department, DNA testing is expensive, complex and time consuming and thus should be recommended only if no other credible proof of the claimed relationship exists. Consular officers should treat DNA testing as a last resort: all other possible methods for confirming the existence of a biological relationship must be exhausted before recommending this course of action. Even then, DNA testing may only be recommended, but never required by the consular officer.

    Consular officers may recommend DNA testing solely to prove a relationship; they may never recommend DNA testing in an attempt to disprove a relationship. Only DNA test results reporting a 99.5 percent or greater degree of certainty as proof of a biological relationship between a parent and child may be accepted in visa cases.

    The Department clarifies that consular officers adjudicating Form I-130 Alien Relative petitions (http://www.h1b.biz/lawyer-attorney-1132137.html)are not authorized to approve the petition if DNA test results are the sole evidence of the claimed biological relationship. Such cases are not "clearly approvable" per the provisions of 9 FAM 42.41 N4.2-3; accordingly, they must be forwarded to USCIS for adjudication. Parenthetically, USCIS is authorized to approve I-130 petitions supported solely on DNA testing.




    More... (http://www.visalawyerblog.com/2009/11/i130_alien_relative_petitions.html)



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  • rameshk75
    02-28 02:29 PM
    Any suggestions??




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  • fester8542
    04-08 12:24 PM
    thanks guys :love:




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  • Blog Feeds
    08-10 10:00 AM
    The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:

    * Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
    * Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
    * Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
    * Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.

    If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)




    More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)




    saimrathi
    07-03 12:00 PM
    I have sent in my I-140 + 485.. SO i hope that they accept the 140s atleast... I hope they dont outright refuse the boxes... Atleast I haven't seen anythin about refusal on UPS website yet ..




    fester8542
    04-17 09:25 AM
    He is one sexy *****.



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