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svennela

01-22 06:10 PM

Thanks a lot..

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Nightmare on Elm Street

andy garcia

02-08 09:01 AM

What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

Macaca:
These are the descriptions for L visas.
L-1A/L-1B.

An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.

An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......

All it takes is a greedy lawyer to get them.:mad:

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zeta7

03-25 08:50 PM

Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.

Any possibilty of applying for AP now?

Pls. advise.

RV

As far as I know you must be in the US to apply for AP. But even if you could apply it probably won't serve your time interests since it takes at least 3 months to get it processed; and these days it would probably take up to 4-5 months. I applied for AP in November, I still haven't received it.

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kirupa

09-03 10:03 PM

That's a good point! I never noticed that, but I will look into it shortly :)

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ImmigrationAnswerMan

07-02 11:40 AM

It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).

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The Evolution Of: Johnny Depp

gcretroiv

02-10 09:30 AM

you are screwed, yes seriously

Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.

If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.

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ponnuswamyp

06-30 07:31 PM

1) did it myself..
2) yep i changed address, no rfes for anything..

Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?

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Johnny Depp in Edward

rajivkane

09-16 02:23 PM

Hi Ramba,

What do you mean by "future employment category peoples"?- is not everybody getting employment based GC a "future employment category people"? Or is there anything diffrenet in the way you apply?

Regards,

Raj

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casinoroyale

03-31 02:02 PM

Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.

Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html

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RollingStone12

04-25 02:05 PM

yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;

A HOLE

You are just wasting your time defending your son...how many times you are going to do this...if not this time, next time or next time....

One day they will bell the cat.

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Charles H. Kuck

12-16 02:47 PM

Generally speaking, appeals are rarely approved, and you will likley loose this appeal.

You can file a new PERM under a new position, and should do so if your position has changed.

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pappu

07-12 01:31 PM

Is anyone there to answer my question? Please answer me.

Thanks
Whatheheck
yes you can.
move to the new company and file via perm. when you apply for 485 you can use those old pre-perm 2002 dates.

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lazycis

01-12 07:53 AM

I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.

BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)

AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).

http://www.ailf.org/lac/clearinghouse_mandamus.shtml

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avi

04-17 01:51 PM

I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

If I do so, what will be the status of the I 485 application after H1B transfer?

This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

All help appreciated. Thanks all in advance.

I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

I may be wrong .. but this is how i perceive it


Peace.

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mikemeyers

05-07 02:19 PM

Hi

To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

We have police report for the lost passport.

I already checked Indian embessy's website, they have instructions for duplicate passport.

My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

plz help..

regards,

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prabirmehta

03-22 11:22 AM

Thanks! S1932 might have been the law he was talking about. I think his job was more to reassure people that they were working on the problem... he didn't seem to be aware of the specifics. He did mention that Senator Chambliss is going to support Senator Specter's proposal.

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nosightofgc

07-14 07:01 AM

I apologize for hijacking this thread. I could not find a way to create a new thread. I subscribed for monthly contributions almost 5 days back and still don't have access to Donor's forum. Emailed the admins, still no response. Can the admins take a look at this one please?

And also how do I create a new thread? I did this some time back, but could not find it where to start.

Thanks

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msp1976

02-26 04:20 PM

can she accept fellowship on H4?

I doubt it...Ask the school the question...Schools nowadays have dedicated international students services....
Any type of work is not acceptable on H4...Fellowship would constitute work..Wouldn't it ???....

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seeking_GC

07-19 01:34 PM

I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.

When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.

Hope that helps

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factoryman

06-19 12:57 PM

Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


Here it is:

Sample Affidavit of Birth for Parents

AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

We married on [date of marriage] in the city of [name of city], [country].

We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

b. [list all of the other children, if applicable].


[Child's First Name] [Child's Last Name] was born in [name of city], [country].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature

Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.




Sample Affidavit of Birth for Close Relative



AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

That I have known the applicant since [month/year].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature



Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.





Here is another version:
SAMPLE AFFIDAVIT OF BIRTH

Preliminary Instructions:

-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.


AFFIDAVIT OF __________________ (Affiant's Name)


I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

Dated: ________________________
__________________________________
(Affiant's Name)

Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

______________________________
Certifying Official/Notary Public



NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

Thanks.

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glus

05-10 09:58 AM

Hello,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.

I hope it is helpful.

Best Regards,

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