Thursday, June 30, 2011

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  • Green_Always
    03-03 11:09 PM
    I am for it yes,

    I was nice and easy few years ago which we used to get stamped here and used to say "Department of State" for the location it was stamped. I got my visa stamped once here in US.

    selected wrong radio button by mistake





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  • Blog Feeds
    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)





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  • delhibaba
    07-24 05:04 PM
    I am about to switch to a new employer using AC21 and would work on EAD. I still have more than 2 years on my current H1B (i.e. I'm on 4th year right now).

    Can I re-use my remaining H1B in case I need to in future? Because in case my I-485 gets a denial (which shouldn't be the case) I would be out of status!

    My case:
    sub-labor, 140 approved, I-485 pending for more than 1 year now.





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  • Blog Feeds
    05-17 01:40 AM
    The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.

    As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.

    It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.

    The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.

    We will keep you posted with more information as it becomes available.



    More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)



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  • roseball
    10-19 10:50 AM
    A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.

    That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...

    I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.





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  • kirupa
    08-04 11:16 PM
    How are you calculating the border right now? Are you simply taking the size of the image and subtracting a few pixels?



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  • thomachan72
    03-20 08:49 AM
    http://finance.yahoo.com/techticker/article/212121/Plan-to-Solve-Crisis:-Let-Immigrants-Buy-Houses

    Legal immigrants should be considered eligible for GC faster if they invest in a house depending upon the salary structure. This might be a topic for discussion if and when Obama decides to take up immigration.





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  • vishwak
    04-21 10:39 AM
    Hi Friends,

    How are you doing? Just want to check if any one worked with or for "Vision Technology Services, LLC" which was located in Baltimore Subrubs, Maryland. Please post reply with comments on company as i'm planning to change H1B to this company.

    Vision Technology Services, LLC
    1966 Greenspring Drive
    Suite 507
    Timonium, MD 21093
    Contact Us | Vision Technology (http://www.vistechs.com/contact-us/)

    Waiting to see your updates/reply.

    Thanks,
    Vishwa



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  • ajay
    11-10 10:56 AM
    Please suggest some attorney who charges less and reliable.





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  • eagerr2i
    03-06 03:00 PM
    http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9012355&source=NLT_PM&nlid=8



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  • looivy
    08-12 02:48 PM
    Hi,

    I work for Company A. My labor and I-140 has been approved with Company A. I am in my 9th year H1 extn.

    I plan to join Company B using H1 transfer (AC21) and they also help me continue my I-485 by proving similarity of job.

    There is a high likelihood that Company A will revoke my I-140 once I tell them I am leaving to join company B. I am safe with B because H1 transfer and I-485 has been done prior to I-140 revocation.

    However, if I were to join a third Company C using H1 transfer (AC21). Can I do it and also keep my I-485 pending? Please advise.





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  • H1Girl
    12-30 02:34 PM
    Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...

    a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
    b) If Yes, will I get 1 Year or 3 Years?

    Thanks for your help...



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  • iheartindia79
    10-23 02:21 PM
    I got a LUD on AP too, no change in the status though.





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  • illuminati
    06-22 07:38 AM
    Thanks for your update. Sorry about the LOE. Lately, I had been doing lot of project management. I meant RFE.



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  • theOne
    10-13 04:02 AM
    Friends,

    I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.

    Regards,
    theOne





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  • mgmanoj
    08-21 09:01 PM
    All this big companies as declared will reduce h1b employees in us and will do work remotely - so payroll reduction will be in us and ultimately more loss to us goverment.
    if they reduce even 4 out 10 than also 6 people government will get $12k while additional 4 govt. will loose atleast tax and social security other together more than 50k and all the expenses they will do here all those money will go out of the country rather than spending done here, so many side impacts to other industries.

    Wow what a great calculation to make the country to loose more money and increase the debt



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  • ita
    11-19 12:52 PM
    Does the EAD document that got returned as undleiverable take 4-5 months to be resent to new address?

    Thank you





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  • kalyan
    08-06 03:26 PM
    same with me. I was the only one to be recruited after months of efforts.

    Now they started my LC with Manager's approval. Lawyer is doing the same thing.





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  • fatboysam
    08-28 09:52 AM
    I have to get my h1b visa stamped on my trip to India, looks like this time , i will have to upload my photographs also. Do you have any suggestions, from where can i get these photographs taken ?





    DallasBlue
    06-23 11:55 PM
    you can mention either ways. legally it shouldnt be a problem.

    (professionally it does look bad)

    ==as always seek legal consult.





    Blog Feeds
    03-15 09:30 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    Spouses of United States citizens may enter the U.S. with a non-immigrant K-3 visa while the immigrant visa petition is pending. It is important to note that the marriage must be valid in order to qualify and all previous marriages must be legally terminated. Thus, one will include either divorce or death documents (if applicable).

    To obtain a K-3 visa, the U.S. citizen will file Form I-130 Petition for Alien Relative along with supporting documentation and the filing fee of $355. Once U.S. Citizenship and Immigration Services (USCIS) receive Form I-130, USCIS will issue a receipt notice indicating that they received the petition. The U.S. citizen will thereafter file Form I-129F Petition for Alien Fianc� with USCIS and include the I-130 receipt notice, and other supporting documentation. There are no filing fees when filing Form I-129F in this second step.

    If the Immigrant Petition (Form I-130) has not been decided, and Form I-129F has been approved by USCIS, the file will be sent to the National Visa Center (NVC). The NVC will process the K-3 visa petition and send the K-3 petition to the U.S. Embassy or Consulate where the marriage took place or visa applicant's country of nationality. The K-3 visa applicant will be instructed by the U.S. Embassy or Consulate of further administrative processing.

    If both Form I-129F (K-3) and Form I-130 (Immigrant Relative petition) have been approved by USCIS and both petitions were received by the NVC, the NVC will process the immigrant visa petition since there is no need to process the K-3 visa.

    Please call us at (214)999-9999 for further information on K-3 visas or other immigration related questions.





    More... (http://dfwimmigrationlaw.clarislaw.com/familybased-immigration/k3-visa-processing.php)



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  • h1-b forever
    08-31 09:43 AM
    In this economy it is hard to get the employer to file for us again.........:(





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  • Stan09
    03-24 02:40 AM
    Hello all,
    after I get my GC,
    do I still need to file AR11(notify USCIS) every time I change my address?





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  • love police
    08-25 09:21 AM
    Im from Australia - Victoria - Melbourne
    interesting. :)





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  • sgupta33
    09-10 09:00 AM
    You can port to a new employer after your 485 has been pending for six months (from the date USCIS recieved your application). See IV threads on portability for more information.



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  • GC_ki_daud
    07-11 04:04 PM
    :eek:





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  • jungalee43
    04-05 07:58 AM
    The reporter has already talked with me and two other IV members. we do not make good cases for her. The main theme of her article is 'highly skilled immigrants leaving USA because of retrogression'. She would like to talk to anyone who has decided to leave because of this problem. Anyone who meets this requirement please write to me urgently on jungalee43@yahoo.com
    Please do not forget to mention your phone number and your permission for the reporter to contact you on that number. There is only one day left as she wants to publish her article on Friday i.e. April 7. If you are from North Carolina, then that would be a great thing for her article.



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  • Chintu2009
    02-09 02:22 PM
    He wants to get F1 status and study full time. So, my l2 and ead will no longer be valid, if he quits his job?





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  • akilhere
    01-04 07:32 AM
    What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
    Thanks.

    I'm in the same boat as you are and thinking of pursuing EB2 with the same employer as there is a position in the company that requires 9 years of experience and a master's degree. I've got over 13 years of experience and hoping to opt for the EB2 process soon.



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  • mattresscoil
    10-18 01:38 PM
    I have applied for my H1 extension in July 2010 and still waiting for the approval. My in-laws are visiting the US in dec and i am sponsoring their visit. Should my H1B be approved before they appear for the Visa interview or should the H1 receipt notice be enough? Please let me know.
    rk78:

    There is no such rule that you should have an approved H1B in hand. However you never know the kind of immigration officer your in-laws/parents see at the embassy. If it is not too urgent wait till your H1B is approved. If it is urgent just write a letter stating the facts accompanied by a copy of your old H1b, new H1B receipt notice and a letter of continued employment from your employer. Yes include other documents like paystubs, past tax returns and etc.

    Best Wishes!!

    Thanks, Mattresscoil!!





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  • RDB
    08-24 04:56 PM
    Guys,

    Has anyone experienced this?

    EB3-I
    PD - Nov. 2005
    EAD/AP RD - July 11th, 2008
    EAD/AP Notice Date - July 18th, 2008
    EAD/AP approved - Aug. 18th, 2008

    I just received EADs for me and my spouse and the validity is only 1 year! Aren't we (people whose PDs are retrogressed) supposed to receive EADs with 2 years validity?



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  • Neo_Clone01
    10-09 12:20 AM
    ahhh i see
    and im assuming that most companies have the plug in to view these
    which would make it the best way to send out samples of my work, right?
    im asking cuz im done with makin cds of my work
    ive sent out so many cd's with exes of director and flash on it - only to find out that most companies have firewalls that wont allow exe opening, or that the cd simply wont open on a mac.
    and i wonder why i dont have a job yet lol





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  • pariraj
    12-06 09:54 AM
    Hello All,

    My wife is in a similar situation where she was on F1 till Sept 31st (OPT) and now on H1-B (since Oct 1st). I have also added her as a dependent in my GC application and hence she has received her AP. We are planning to go to India in the month of January. Can she return back using AP? I have read in other threads that one can return using AP and there is no need to stamp your H1-B visa in the passport. But in her case, the H1-B visa is not stamped even once. Can this be a problem if she enters using AP? I would appreciate your advise in this matter.

    Regards,



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  • harry31
    03-28 04:14 PM
    Hello folks

    My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.

    Thanks





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  • mbawa2574
    09-04 11:15 PM
    with 90 days validity and I have not seen my receipts or checks cashed yet.



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  • gman
    05-28 10:43 AM
    yes, they are very good. PM if you have questions. My company has used them and I have had good experience with them.





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  • kumar_459
    11-04 08:46 PM
    Hi

    My wife recently went for a H1B renewal stamping in india. They visa officer provided a 221(g) administrative processing (pink) requesting additional documents (job description, reasearch projects, previous visas list etc..,). She is preparing the necessary docs to submit the same. Since she went to india for a short trip (travelling back next week).

    1. She has Advanced parole. Can we use Advance parole??
    2. If we use Advance parole, then once the Adminstrative processing is complete, how do we handle the stamping?? Do we need to go back again to the consulate to get the stamping done? or is there a way to withdraw the visa application from the consulate??

    I would greatly appreciate if someone is similar situation share their experiences



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  • OLDMONK
    06-21 10:26 AM
    I-134 was the most confusing form for me too.
    I let my lawyer fill it for me, and she did tick the "intend to" but did not fill the area in question.





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  • imconfused
    09-14 03:08 PM
    so that means, an H1 transfer is as good as having more than 1 H1?

    the H1 transfer is not valid until I start working for another emplyer, correct?

    thanks all..





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  • ras
    10-18 08:56 AM
    http://www.elegantbay.com/main/amazingwoman.htm
    You got to see it to believe.





    canmt
    12-06 07:46 AM
    Is it possible to get F1 status adjusted to H1 without going for a H1 stamping?





    webm
    10-05 02:27 PM
    Yes you can apply for EAD(I-765)/AP(I-131) anytime during 485 pending and send the notice/fedex tracking as a proof for it if required.

    HTH,
    RMG



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  • ajju
    03-21 07:22 PM
    Hi All

    I got a RFE on my Substitute 140 ( PD is 2005) where they are asking for 2007 tax returns which are not filed yet, applied for extension. 2005 and 2006 tax returns are good.
    Can someone suggest me what to do in this situation.
    Any suggestions or any format leters...etc
    Please suggest

    Thanks

    Looks like "Ability to Pay"... So they need company's tax returns... 140 is company's document not yours... But you mentioned your 2007 tax returns being extended.. Are you the company??





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  • rajenk
    02-10 02:09 PM
    That could be things like
    NOID - Notice of intend to Deny.
    RFE - Request for evidence.

    For I-140 USCIS does not update the online status properly. For both of my EB3 and EB2 I-140s still the case status says they received the application and processing!

    Wait for the document that they sent.





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  • brij523
    03-02 06:00 AM
    hi anyone there!!





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  • raj3078
    01-14 05:53 PM
    it seems that they are already married for 2 yrs....In that case she would get 10 yr GC.... The best scenario is that she should wait till she gets the card and then take whatever action she wishes to take



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  • amitjoey
    04-26 03:59 PM
    Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.

    Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.

    Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.





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  • anil.kudumulap@gmail.com
    06-22 08:42 AM
    This make sense.



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  • valluriraja
    10-11 07:53 PM
    HI,

    Some one could you please let me know how and where I can give complaint about H1B holding company.





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  • lazycis
    01-24 08:45 AM
    what about the july 07 fiasco filers..i know GC will only be given when visa numbers are available but atleast if 485 is approved we know we are half way thru...no matter the files will be licking the dust for years..gurus please share.
    Thanks in advance

    I-485 cannot be approved without a visa number. You will not know whether you are half way thru or not. But cheer up, the approval rate for EB AOS is more than 90%.



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  • jonty_11
    06-14 03:23 PM
    As my attorney informed us of the dates being current - they are asking for this:

    Please advise on the status of removing the residency requirement
    since you can't proceed with until this is done.

    what does this mean?





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  • reddyram
    08-18 10:19 PM
    I am in similar situation. If she comes here and we get married "new" and I am GC Holder can she get a GC too ( provided PD is current ) OR I have to wait till I become Citizen and then file ....
    I am too confused..



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  • jimmar
    05-05 09:26 AM
    My prevailing wage request for PERM was submitted on March 17, got the approval with in 30 days.





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  • Narayan
    01-21 03:21 AM
    Thanks, Ita. Much appreciated.



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  • DallasBlue
    09-28 06:57 PM
    Hope to hear from 'you all' Texas.





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  • anandrajesh
    05-30 04:10 PM
    Hello,
    I am trying to figure out if it is possible to sponsor (legal sponsorship support letter) my cousin back in India who is trying for higher studies in Canada (the letter to be shown to the Canada consulate). I am an Indian on H1B in US with Perm just filed.

    I heard that being a resident alien myself (as opposed to permanent resident) I cannot sponsor him? Is that true?

    If I can in fact sponsor him -- will that have any affect/complication whatsoever on my (i) Perm (ii) Tax application etc etc?

    He is an 18 yr old Indian.

    Thanks a lot for any advice!
    Piyush

    I am currently on a H1 & I sponsored my Brother's education in US last year and i think it is possible. It doesnt matter whether you are a Resident Alien or a Permanent Resident. All they want to see is whether there is an ability to pay the tution fees and support his living expenses. There shouldnt be any problem. Let me know if you need more info.



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  • MetteBB
    05-27 10:19 AM
    That is GREAT news K *loving it


    /mette





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  • samrat_bhargava_vihari
    04-05 03:27 PM
    Hi all,

    My insurance company (Progressive) is charging a ridiculously high rate for liability only insurance for my H4 spouse who currently holds a valid permit. They say the rate will go further up when she gets a perm license after passing the road test.

    I have heard this issue from other H1Bs who have different insurance carriers than mine.

    Have you guys found a cheaper alternative? Insurance agents etc??

    gchopes

    Cool... surely it is not because of H1&H4. Some factors like
    accident history
    age
    worth of car
    zip code
    previous claims
    etc may infulance.



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  • freeskier89
    03-19 11:06 PM
    Thanks roxychaney! Ya, acrylics are a pain!

    @halfdog... um really? If I understand you correctly you would then you have a muddy blurry mess.





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  • kriskris
    06-24 03:38 PM
    Hello Gurus,

    Can we use an Existing Adv. parole Document that was stamped at the POE this year be used Again for Travel Purpose. It has a Valid date and expires in September '08. I am planning to visit europe next week and i couldn't find the 2nd AP Document that was never used.

    Please comment!

    Yes you can.
    I specifically asked this question to the IO at POE. He said I should use the already stamped one not the new one. Please make sure to carry extra copies.





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  • kim123456
    12-30 11:44 AM
    I have always stayed on H1B since I came in USA.
    I entered in USA on H1B with Company A. Transferred H1B from A to B and B to C in last three years. Currently I am working for Company 'C' and my green card file was filed in Company 'D' in Year 2004.Labour and I140 approved and I485 filed and pending as part of Green card processing with Company 'D'(EB-3 category).I have never worked for Company 'D'. Not even spent single day at Company D. Now, Company D is suffering from 2008-2009 worst recessions and about to get close in one month. They already informed me. What are the options to get green card with as less risk as possible?
    Please accept my appreciation and thank you in advance for your time that you will spent to help me on this issue.





    ca_immigrant
    02-06 01:03 PM
    Thanks, today I got the I131 approval notice .





    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