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  • conchshell
    07-07 09:32 AM
    I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?

    May be we can get their help to gather support from pro India congressmen and senators

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  • NNReddy
    08-26 02:30 PM
    My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
    Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
    Please clarify.

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  • krishna_brc
    02-09 05:17 PM
    Link - The link is not working..
    Krishna/Sri, could you give me the correct link.

    Thanks Krishna / Sri for very useful information. I will try this option before the other ones.

    Thank you very much.



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  • danonline2110
    01-22 02:56 PM

    I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.

    I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)

    They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).

    I want to be prepared for that scenario with assistance of experts to know where I could go from there.

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?

    I would appreciate any expertise on that matter.



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  • cbpds
    07-02 08:43 PM
    You can file Motion to reopen

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  • jediknight
    10-23 12:57 PM
    I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(


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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!

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  • cybercat076
    05-15 11:23 AM
    USCIS seems to be just requesting EVL for all pending applications. I also got mine recently though I did not change any company. It is better to send it from your current employer.


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  • cbpds
    01-27 02:04 PM
    THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked

    see this
    Obama to take YouTube questions on State of the Union speech - (

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  • morchu
    05-12 05:47 PM
    Thanks for clarifying this.
    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.


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  • gc_kaavaali
    12-10 07:51 PM
    that is why we need work together to get our GC soon....IV is working to remove GC delays...but it cannot do alone because IV is US...Please consider contributing to that we can get our GC soon...for more details please follow below link...

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  • hariswaminathan
    10-26 12:38 PM
    My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.

    Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.

    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.


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  • JunRN
    01-27 06:42 AM
    With the July filers coming into the picture, I think TSC and NSC will stick to the current trend. TSC will still be processing i-140 within 6 months and NSC within 10 to 12 months.

    However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.

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  • mdmd10
    09-14 07:58 PM
    Just got approval emails for both me and my spouse.


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  • johnnybhai
    05-15 11:26 AM

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  • VenuK
    06-15 04:45 PM
    Hi Meridiani,

    Thank you for your response.
    I did talk to Immigration Officer and my lawyer about it.
    Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
    I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
    added to it .
    my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.

    how should i approach the situation, I'm confused...
    who would be the right people i need to talk to. what would be my best bet....

    Please advise.


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  • a_yaja
    07-19 09:56 AM
    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.

    He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.

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  • raj2007
    02-18 01:45 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.

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  • bajrangbali
    07-03 10:02 AM
    You guys still dont get you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.

    06-25 02:01 PM
    Wow...we have a winner...HOME DIGITAL photos are way to go...
    I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.

    06-28 05:50 PM
    Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.

    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.

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