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  • cbpds
    05-24 02:30 PM
    hi,

    I am planning to extend the visitor visa for my mom for another two months.
    Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.

    If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?

    2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?

    Appreciate your answers

    Thanks




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  • babaiimmigrationvoice
    05-31 06:59 AM
    Hi Attorneys,

    Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :

    1. Would there be any adverse effect if in future Company B files H1B for me ?
    2. What generally happens if I file H1B and am not able to attend the interview ?
    3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?

    Would appreciate a quick a reply .




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  • arlysanb
    02-15 09:01 PM
    My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?




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  • mk1039
    05-04 07:48 PM
    I am in similar situation. need to change LCA location after start of project.

    is it safe to do that after the start of project or do i need to quiet the job ? any idea



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  • shahpeerally
    12-04 09:17 PM
    Re: #1

    Good question.

    The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
    The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.

    Re: #2

    Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."

    Section 2.5 should be "c."




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  • tpr
    02-17 07:04 PM
    Thanks to All :)



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  • kirupa
    05-09 12:16 AM
    I really like your 3rd and 4th stamps faster :) It's no bother at all. I add stamps every Wed/Fri, so it only takes me about 30 mins to get all of the stamps added up from everyone!




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  • LondonTown
    04-26 07:37 AM
    Some officers add 10 days to I797s date some do not. It is not an error, you are good.



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  • BhaskarEB
    09-13 06:39 PM
    I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
    After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
    I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.

    Questions:
    Please advice if I qualify for EB2 and if so will there be any issues ?
    Please advice if I qualify for EB3 and if so will there be any issues ?




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  • ca_immigrant
    07-29 02:01 PM
    It's very painful to deal with these guys at times.

    I also tried asking a finance broker about this and never heard back...

    Have you tried apporaching another bank or some broker ?

    (I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)



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  • desp_gc
    03-12 08:02 PM
    I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...




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  • MrWaitingGC
    05-19 11:29 AM
    If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.

    I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)



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  • krish2005
    12-04 02:41 PM
    Just some hope. But if the trend maintains then they will have lesser pinch on the H1 processs. Hopefully that will help improve GC process as well.

    :D




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  • evildrummer
    04-01 11:33 AM
    I got matched to the penguin counter :h: WOW!!! I get to move to the antarctic!

    I am not endorsing our relationship!



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  • wwwwww
    03-28 05:17 PM
    Because of weather only.




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  • dc2007
    08-08 08:53 PM
    I have a peculiar issue. I was working with a company from 2000 to 2004 on H1B and then went back to India for good. During that period I applied for Labor.

    I joined the same company again and came back to US in Feb 2007 on new H1.

    Now I am applying for I-485 for myself, my wife and daughter. My lawyer is saying that I have to fill I-134 (affidavit of support) also. But my salary is around 55K and I don't have much balance in bank. Its around 2-3 K only.

    My question is, can I show assets/money from my Indian bank. I have talked to a CA in INdia and he will prepare a statement for me.

    I am not sure if I can use that in I-134 or not. Can anybody has done that ?

    Any help/suggestion would be appreciated..

    Thanks and Good luck to all



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  • foobar2001
    08-02 01:50 AM
    hi,

    i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
    1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

    (a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
    if AoS is pending, then its valid till the AoS case is decided?

    (b) If the validity is 1 year, what is the process for extending the I94 validity?

    thanks for your time,
    -andy




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  • Jeff Wheeler
    10-11 11:38 AM
    If not, it's a funny coincidence.

    More, it's funny that he didn't understand the reference in the post. :P




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  • roseball
    01-13 03:15 PM
    My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

    I have EAD with the same employer but not using.

    Is anybody in the same situation?

    thanks

    Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.




    rajeshalex
    06-08 10:25 AM
    I would suggest to plan in 3 months advance so that you can send all the documents from usa, prepare documents in India and planning the trip.

    If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.

    Rajesh




    radhagd
    03-17 11:40 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

    It would be great if I get answer the below my Question:

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar


    No you cannot apply I485 in company B. when your PD is current if you go back to your Company A , then company A can file I485.



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  • looivy
    09-07 12:09 PM
    Gurus,

    I need your expert opinion.

    While setting up an appointment through VFS for H1B stamping in Mumbai, I am asked the following question:

    Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?

    Should I answer Yes or No? I guess the answer is Yes since I have a valid I797 H1 approval. But, I need expert opinions from you guys as well. Here is some background:

    I have H1 visa stamp through my old employer "O" (with an expiry of March 2006). I changed employer "X" in Nov 2003. My H1B has also been renewed in Nov 2006 (with "X"). i.e. I have had two valid I797 H1 approval notice with "X" since Nov 2003 - one for change of employment through my current employer from Nov 2003 to Nov 2006 and then a renewal from Nov 2006 to Nov 2009 (this is currently valid). I have not been to India since July 2003.

    Please advise what the answer to the questions above. Also, is this visa stamping considered a renewal since my old visa stamp is through my old employer?

    Thanks.




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  • snathan
    07-24 05:21 PM
    My current company's CEO is retiring and the other partners are forming a new company. The current company will continue as a corporation and in the new corporation the current CEO will have 10% share. The new co will start with the current client base, employees, equipment, web site and use the current company's name as a DBA.

    I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .

    If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.

    Thanks

    If its a new company, you need to do H1B transfer and start the GC from PERM. If the I-140 is not revoked, you can retain the PD.




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  • snathan
    05-19 01:03 PM
    Don't you know this baby will stop Skynet in 2035 and save mankind ?

    No...because the world is going to end in 2012 Dec ....:D




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  • Steve Mitchell
    December 3rd, 2003, 01:41 PM
    Sensor size is 1.5 crop.



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  • thomachan72
    10-25 11:13 AM
    I have a PD of April 2008 in the EB2-I category, but am exploring the option of switching to EB1 if possible. I am a clinical psychologist, working in a not-for-profit agency. What are my chances? Does it depend more on the case itself or a really good lawyer who can present your case in the best way it can be presented? This is a really stressful situation because my husband's H1-B runs out next summer and we cannot live here on just my income. Any feedback?

    I believe the case itself is the major factor. The credentials/publications/patents + solid letters of recomendations etc is the major factor. The attorney can advice you on the types of letters or proofs that are required to substantiate your case but not more. And ofcourse once you have decided that you could potential go for the EB1, I would certainly ask others for attorneys who have had more success in EB1 cases. The "good" attorney will evaluate your total package and asks you for more documents if it is not good enough. Others will take your money and all material you send and just send it over to the CIS.




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  • Green Card Aspirant
    03-25 06:45 PM
    Are we allowed to apply for H1 B Extension with Premium before 6 months of Current H1 B expiry in this current situation



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  • confu
    08-26 04:25 PM
    A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?

    That would be a huge plus in case its true.




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  • transpass
    09-28 12:51 PM
    does anyone have latest receipting update?



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  • tnite
    10-17 06:24 PM
    NY members interested in the luncheon are most welcome
    ---------------------------------------------------------------------
    We would like to meet Tristate CT IV members and try and get to know each other. This will be a very casual "no obligation" event where everyone can chit-chat, have lunch, discuss on past / future - IV / NON-IV events.

    We would like to meet up at "Coromandel - Cuisine of India " at Orange, CT. Here are the details

    Coromandel - Cuisine of India
    Hitchcock Plaza, 185 Boston Post Road, Orange - (203) 795-9055
    website : http://www.coromandelcuisine.com/

    Date: 10/27/2007 - Saturday noon

    Time: 12:00 PM to 3:00 PM
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  • Z.Liu
    02-23 01:46 PM
    Hi, guys,

    I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!

    Is he correct on this?

    thanks.



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  • kirupa
    01-19 11:16 PM
    Added :)




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  • DDLMODES
    07-03 07:21 PM
    here is one more

    http://manilamaildc.net/article2297.html

    The date on that seems to be June 27 when they killed the bill...

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  • arukala
    10-27 06:13 PM
    Hi,

    My H1 and I-94 and My Wife's H4 and I94 expired on Sep 30th 2008 and applied for extension on July 7th 2008 with Company A. But Company A received an RFE on H1 extension,

    At this movement I have a good offer from company B , can I transfer H1 using Receipt of H1 extension?

    I appreciate your input

    Thanks
    Rav




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  • kirupa
    06-05 04:18 PM
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  • Z.Liu
    02-23 01:46 PM
    Hi, guys,

    I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!

    Is he correct on this?

    thanks.




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  • maverick_s39
    07-20 12:00 PM
    Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.

    My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?



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  • raysaikat
    04-03 09:04 PM
    My wife did her MBA and used her OPT before marriage. After a gap of OPT period she again went to school and got a MS degree. During her OPT, she did not work at all. Now she is unable to get second OPT for her recent MS degree.
    Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
    What should be best approach? Please advice.
    Thanks

    A student can get an OPT once for every level of education. Since your wife already had an OPT at the "master's" level (it does not matter whether she could earn money during that period or not), she can only get another if she goes for a Ph.D. After completing the Ph.D., she will get one more OPT.

    I do not know how the new law, if passed, will be "grandfathered", but I doubt if it can be used for your wife's case.




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  • nsn1234
    07-27 01:02 PM
    Hi STAMisha,
    I sent you a message and also sent an e-mail. i went thorugh ur previous posts and it seems we are pretty much on the same boat.

    plz check ur mail and call me at ur convenience. we will talk in detail.




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  • dc2007
    08-09 09:15 AM
    Anybody has some sugestion or experience on this ??




    suntwin
    07-14 09:45 AM
    Hi Guys,

    A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.

    I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
    I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.

    Can i really do the above or am i getting too optimistic.
    Please reply soon as i have to make some really quick decisions.

    Regards
    N




    psaxena
    06-08 08:06 PM
    Hi Guys,
    I was reading another thread and a question came to my mind..

    I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.

    Can anyone can shed some light on this situation?



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  • jamesingham
    04-11 11:38 AM
    Hello,

    My wife is currently on H4 status. (Just the I-94, her visa expired last year October). She started her MS in Fall 2009. She already competed 2 Semesters of MS on H4 visa. We applied for her Change of Status to F1 visa in March. According to the USCIS processing dates, she will get the COS approved approximately in June 1st week.

    She will have to travel to India this summer. The question we have is,

    is it advisable to wait till she gets her F1 COS Approved and then go to India for F1 Stamping ?
    or abandon the F1 COS and go for F1 stamping directly in India ?

    Please advice if there are any risks involved here.




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  • Blog Feeds
    03-08 01:00 PM
    Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.

    Example:

    LCA start date: 9/1/10

    LCA end date: 8/31/13

    Form I-129 start date: 10/1/10

    Form I-129 end date: 8/31/13

    Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.

    Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.

    Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.




    More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)




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  • permfiling
    05-18 11:07 AM
    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500




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  • kunjirs
    03-03 03:35 PM
    Same as EAD card :-)



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  • rajenk
    10-12 11:12 AM
    No that is wrong assumption. H1B can be extended only based on the beneficiary's self I-140 not spouse's

    Consult his/your attorney and renew H1B. At least start GC process to be eligible for H1 extension after 6 years




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  • imaddin78
    03-20 10:25 AM
    i filed my case N-400 in August 2005 been interviewed on May 2006 and still waiting for FBI Name check from almost a year.



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  • jliechty
    June 20th, 2005, 07:41 PM
    I might crop some off the right side to de-center the sun. Excellent scene, though. :)

    Need your help regarding my spouse visa H4 [Archive] - Immigration Voice

    View Full Version : Need your help regarding my spouse visa H4





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  • Blog Feeds
    08-21 02:50 PM
    Immigration Law Headlines Has Just Posted the Following:




    More... (http://www.ilw.com/immigrationdaily/news/2010,0820-fees.shtm)



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  • kumar1305
    01-20 12:06 PM
    Who says America is innovative and still developing?




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  • kirupa
    08-19 01:02 PM
    Ah, that won't really be possible unfortunately by applying it directly to Frame. The Frame is basically a window through which you view the world (XAML pages loaded into it). It has no real control over what gets loaded - it is only a spectator.

    What you can do is specify a transition effect on each XAML that plays when that page loads. The end result is that tour frame will display a transition effect, but that transition effect would have been entirely defined in the page that gets loaded instead of having it live on the single page containing the Frame.

    :)



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  • wandmaker
    12-11 09:37 PM
    When you reach NSC or TSC, you talk to an IO. Who really is an IO? Are they first line of customer service at the centers? They then send requests etc to officers handling your cases?

    I am trying to understand the relationship between the Customer Service agents, IOs and the case workers.

    My understanding is:

    Customer Service Rep (Level 1) - has access to little more information (like insights on processing times) than what you see online.
    Customer Service Rep (Level 2) - has more access priviledge than CSR1, most of the time, s/he helps you open a high serverity service requests and/or direct your call to right resource to have your questions answered.
    Immigration Officer (Customer Service) - Most of the people who use POJ end up in reaching IO CS, who has more insights about the case details (workflow, cards ready to be printed and etc), s/he will help you resolve the isssue or answer the question on hand.
    Immigration Officer (Case Adjudication) - the one who is acutally working in the case, whom you will never be able to reach through POJ but It is possible to have your call routed through CSR2 or IO-CS - it all depends on your case issue and planet alignment.

    Immigration Officer (Customer Service), Immigration Officer (Case Adjudication), the titles in the bracket are made up names to distingush the role. Long story short, both are immigration officers with different roles and access.

    Others can throw more light on this




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  • kirupa
    03-17 04:55 AM
    Hi SandeR2!
    Your first two entries are a bit too small, but I can still add them up as an entry. For your other entries, some of them are (as you mention in the descriptions) photos that you took and vectorized. Unfortunately, those will not qualify, for the goal is for you to draw manually without converting an existing photo.

    To answer your question, your first two entries and the this one (http://kwijl.deviantart.com/art/MyBobblehead-64787112) seem to qualify!

    Thanks,
    Kirupa :)



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  • bkarnik
    09-24 08:38 PM
    Just got 3 transfer notices from CSC saying applcations transfered to NSC. Applcations reached July23rd at NSC. 140 approved from TSC.
    Anybody in similar situation....

    Please see my posts in the separate thread you have already started for the same questions.




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  • krishnam70
    07-11 11:02 PM
    If you have a job, getting a work permit will take only 4 hrs inside the consulate. No line. Give the passport and come back within 4 hrs to collect it.
    No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.


    1. Post on canadian job sites with local canadian address
    2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
    3. If you land the job get an offer letter
    4. Take the offer letter to the CCanadian embassy and get a work visa.
    5. Once you enter Canada apply for Permanent residency.

    cheers



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  • ssdtm
    03-14 04:44 PM
    No need for exp certificate in applying for H1.

    At embassy/consulate, for visa stamping, you should keep it as they may like to verify. It is not mandatory but good to have.




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  • validIV
    03-25 06:13 PM
    Works fine for me. My case is still pending. And wow, I got a soft LUD 3/25/09 on my I485. Woohoo



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  • mljs54
    06-03 12:48 AM
    Hello all,

    My EAD expired in late April

    Prior to that, I applied for renewal but my old lawyer forgot to either include something with the application or made a typo, and it bounced back a few days ago (late May).

    I got a new laywer to re-file the EAD, however I will not get my new one in time to start my post-college job in early July, as the process takes around 90 days from what I remember.

    If I show up to the first day with a filing receipt, a written letter from the new lawyer explaining what happened, and my old EAD, will I not get the job?

    How do employers handle something like this?

    Thank you in advance for any help.




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  • SGP
    12-22 05:58 AM
    Hi,

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.

    V

    Your I140 cannot be canceled/revoked unless USCIS detects that it was obtained fraudulently.

    Your GC application will not be impacted. Just find another employer and join them with EAD.




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  • admin
    04-07 03:30 PM
    wanna_immigrate,

    Your post from yesterday was denigrating a certain set of people. A number of our users also complained about that post.

    Please do understand that we do not want to have any post that offend other people. Otherwise the lawmaker's staff and the media folks who visit our forums, will assume that our organization and members stand for such a stance.

    So as per our posting guidelines shown at the top, we were forced to delete it.




    Sunx_2004
    10-17 07:11 PM
    Hi,
    Is it possible to be on H1B after AC21 is invoked?
    Here is my situation-
    I filed I485, EAD and AP in July with approved I140. This month My company is acquired by new company. Starting November 1st I will be employee of new company.
    I just finished conference call with my lawyer as per him, There is no change in GC process only New Company has to file AC21 after 180 days of filing 485. When I asked him whether I can maintain my H1 after filing AC21 he said yes.

    Is it possible?

    Please advise




    ramus
    07-06 05:29 PM
    All new users could do is open new thread.. Didn't we experience big outage of website.. Didn't we feel left alone when IV was down.. Why we need to create more and more threads and confuse ourself.

    Why can't we follow action items.