Tuesday, June 28, 2011

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  • meridiani.planum
    03-02 11:58 PM
    Hello, I am on H1B with an employer with dates from sep 2005 to sep 2008. I am amending my petition (with a new lca) as well as extending it for the same company. The amendment date will be from April 1st.

    Now my question is shd my extension (with amendment) be from April 2008 to April 2011 or can it be for the remainder of 6 years that is April 2011 to Sep 2011. Please let me know. Thanks

    upto april 2011. This is a bit like transferring your H1 after you complete 2.5 years with some employer: you get 3 more years, not 3.5. H1 extensions/filings/transfers are always <= 3 years.

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  • indyanguy
    11-20 09:14 AM
    Thanks for the reply.

    Where does 1099 fit in in the above list?

    Are there any benefits of one over the other?

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  • NANO3
    05-08 06:16 PM
    nice, i like "saharaNoGloss.jpg"

    very neat, may i have a link to full size sahara pictures, i would like to put them as my wallpaper :p

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  • ameryki
    02-22 08:41 PM
    I saw this and got online to try and reach out to the desi founder requesting him to consider also piloting this in India considering rural India is still in desperate need of energy development to help improve the basic infrastructure and lifestyle. Could not find a way to connect.


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  • thomachan72
    02-03 05:08 AM
    There should not be any issue for applying with only 2 months left. If you wait to get the next approval notice and go for stamping closer to the starting date of your next year of H1b you could get stamp for the next period too.
    If there is 2 months or above left on the current extension then they will not give a visa including the new approval period. They will give only for the 2 months. So perferably go closer to the begining of the next period along with the new aproval notice (if you want to travel freely for the next period too)

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  • sanz
    03-10 04:06 PM
    Everything makes sense to us ... i hope some sense comes tot he folks manning the immigration process.


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  • kothuri
    10-02 03:16 PM
    I came across this article on Murthy.com and got lil nervous.


    I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
    I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.

    I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
    1. Signing the bank checks
    2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)

    Does this mean that I am a clear candidate to be on INS Red alert/Radar?

    I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.

    Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.


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  • aray
    05-28 08:58 AM

    Has anyone used ICE MILLER as their legal counsel (immigration attorneys)?

    I am planning to use AC-21 provisions to change jobs. My new employer is going to use ICE MILLER in Indianapolis to process my H1-B transfer.

    I was wondering if anyone could share his/her experience with their staff and general suggestions. I would like to use them for any RFEs or filing any AC-21related documents.

    Thanks in advance.

    Comments anyone???


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  • akhilmahajan
    06-24 11:28 AM
    In my case i am a consultant, and keep on moving like 8-9 months....... dont have any permanent address.............. i am sure a lot of ppl will be in the same position as i am............. so what are you guys doing for the addresses on the 485/EAD/AP..........

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  • Blog Feeds
    05-21 11:00 PM
    Acting Associate Director Donald Neufeld has issued revised guidance regarding the
    I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.

    Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an �Egregious Public Safety� concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.

    The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.

    Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:

    1. The applicant has established his or her identity; and

    2. It has been established that the applicant is a lawful permanent resident.

    Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumable with a referral to ICE.

    In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.

    More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/05/i90_appliication_to_replace_gr.html)


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  • Sesame
    10-03 01:21 PM
    Why? Well that is what I heard. If you are married to US citizen applying for GC, your sponse has to be in the interview.

    I don't know why you ask me why.

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  • Syous
    03-11 03:39 PM
    You look asian in the portrait! =p


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  • docker
    06-10 11:48 AM
    thanks ubetman, not sure where to do research on this kind of stuff...

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  • eastindia
    03-06 10:59 AM
    now suddenly I got "Red". don't know what's the bloody reason.

    Maybe because you posted in the wrong forum.

    Was your post a question for lawyers?


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  • pune_guy
    10-16 07:28 PM
    You can take FP test at any location in United States. Just make sure that you go to the nearest location at the time mentioned in the notice. I had an appointment at the Oakland office but I went to the San Jose office and they let me do the FP test there. I had gone to them the previous day to confirm whether I can take FP test at their office and that's when they told me that I can go to any office in US.

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  • vegasbaby
    05-11 11:52 PM
    Better option would be to get her to US on any non-immigrant visa. Get your citizenship & file for her GC.


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  • Rajeev
    06-05 12:55 PM
    Hello Folks

    I am in NJ and my current H1b expires on Nov 2008. My DL expires on Set 2008 . I was under impression that I need atleast 6 months or more valid visa to get licence.

    Company didnot agree to file premium process for H1b. They are saying I have plenty of time and they will apply in Aug . I and we know that now a days it takes more than 3-4 months to get visa.

    Is there a way I can get temporary lic in Nj. lawer was saying I can request 3 month temp lic beased on Notice received from CIS. Is that true ? does any one gone through same in NJ ?


    My understanding is that NJ adds 3 months to your visa expiry date for DL. You should get a DL valid till Feb 2009. I am not sure about 6 months validity rule. Check their web site.

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  • GoldenChariot
    12-17 03:41 PM
    Thanks for the prompt reply.

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  • jvs
    03-09 08:37 PM
    "i need to adjust my status, its needed in the i-485 application"

    Only last I-94 is needed in the I-485 application. In my application I just had one. Here is the link to I485 form from USCIS http://www.uscis.gov/files/form/i-485.pdf

    04-09 08:36 PM
    haha nice one, didn't know kStamps was still alive! :thumb:

    08-12 11:51 PM
    1. What is the exact filing fee ? The latest I-131 instructions have this note -

    NOTE: If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131. You may file the I-131 concurrently withyour I-485, or you may submit the I-131 at a later date. Ifyou file Form I-131 separately, you must also submit acopy of your Form I-797C, Notice of Action, receipt asevidence of the filing of an I-485 as of July 30, 2007.

    My PD was current in July, and my application reached USCIS on July 2. Does this note mean I dont have to pay any fees for AP ?

    2. How do I connect a new AP application to a filed 485 application ? I dont have receipt for the 485 application yet - it reached on July 2, 2007.

    3. What do I fill in part 7 ? It has the following questions -
    1. If the person intended to receive an advance parole document is outside the United States, provide the location (city and country) of the American embassy or consulate or the DHS overseas office that you want us to notify.

    2. If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:

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