Monday, July 4, 2011

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  • GCHPLC
    10-19 12:45 PM
    Initially we applied for Labor in July 2001. Waited for 3.5 years to get approval. USCIS processed applications recieved in April 2001 for more than three years!! In January 2005 we finally got our Labor certification. In April 2005 we applied for I-140 and I-485 at the same time. I-140 was approved on July 2005. I-485 still pending due to the name check not complieted for primary applicant.
    The same question over and over again, for how long will we wait more?




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  • mihird
    05-22 07:43 PM
    What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...

    But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?

    Can anyone shed some light on it?




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  • bobzibub
    10-04 03:27 PM
    you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
    - use EAD whenever you want
    - change jobs whenever you want
    - change job profile however you want.

    she:
    - can use EAD whenever she wants
    - change jobs after 180 days
    - change onto a job in the same or similar profile.

    Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?

    Cheers,
    -b




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  • naveenarjun
    02-27 01:17 PM
    Guys,
    how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?

    DO u think the PD will move forward by months,years?any Ideas?



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  • gcturbulance
    06-22 10:41 AM
    Hi Experts/Lawyers,
    Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.

    My previous company (9yrs), they filed for my GC.
    Labor approved and they did a concurrent filing in august 2007.
    After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.

    After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.

    I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.

    Meanwhile I got H1B extension with the new company.

    The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.

    We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.

    Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.

    Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.

    I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).

    What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.




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  • pappu
    05-23 08:16 PM
    Such half quotes cause more damage than do anything good for us. Maybe they picked up a few sentences rather than displaying the full context. I have not seen the full message. Looking at the quote and paragraph about 'Competing in the 21st Century Economy ' it seems like this argument is for more H1B visas and STEM exemption of H1B visas from its annual 65K quota.
    Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.



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  • abrahamL
    03-19 05:11 PM
    Hi,

    I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.

    Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.

    And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?

    Thanks!

    Abraham




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  • martinvisalaw
    08-07 12:16 PM
    Hi,
    Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?

    Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
    Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?

    It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.

    However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.

    Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.



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  • priti8888
    08-14 03:34 PM
    Sorry I missed that.Yes I am employed .I will do that thorough my employer.But with out help of any attorney.
    Thanks

    If you can afford it, you should hire an attorney.
    A good lawyer is worth every penny.

    You, on the other hand, should play your part by being "aware" and not blindly relying on the lawyer. Your job should be to double check documents for accuracy/correctness and asking questions to the lawyer and IV to clear doubts. Making sure the lawyer is abiding by all the immigration rules as defined by the law would be another task.




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  • DDLMODES
    07-08 08:33 AM
    Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?

    How did you get paid for it ?? It went to taxes through your social security # like a regular job ??



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  • bskrishna
    02-28 02:13 PM
    Can some one in L1B apply for EB1? I thought only L1 A were eligible to apply in EB1....




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  • pinak32
    01-18 11:02 PM
    I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.



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  • h1techSlave
    10-13 08:34 AM
    Folks, I have received a notice from USCIS stating the following:

    The above application or petition has been received.

    Your application was received without the necessary fingerprint fee.

    Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...


    Is there any one else in the same boat? What are my options here?




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  • BMS1
    09-07 09:18 PM
    What I meant to tell you was that though my packet was addressed to Saint Albans, fedex tracking showed that it was rerouted and picked up at the nearby town address (probably Williston)



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  • akizdetz
    08-10 04:03 PM
    I have just received the following email:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCxxxxxxxxxx

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Card/ Document Production

    On August 9, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

    Does this mean that I-140 was also approved? I'm looking online and it's says "Initial Review"... Actually this is the only one that have changed, all other documents for both me and my wife are still at the previous LUD!

    P. S. This looks and sounds weird for me, especially that I have the biometrics appointment on 09/02/2010. I think it's a mistake... Please advise!




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  • smuggymba
    09-20 02:14 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks

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  • GCHope2011
    07-10 03:54 PM
    If you are questioned on educational equivalence of the 3+2 year degree's parity with US' 4+2 year bachelor + masters, and your education evaluator can make a strong case for it, you should be ok.




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  • kumarc123
    03-24 04:04 PM
    Well they may created it new but the content is old and system needs to be fixed.

    You are right, the million dollar question is, when will they fix the system?




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  • tnite
    09-11 09:31 AM
    I posted this question on another thread but its on page 38-39, so thought I might post as a new thread so that I can get some answer to my concerns...

    I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.

    I entered the correct info in question 11..which was:

    Have you ever before applied for employment auth. form USCIS?
    X Yes(if yes, continue below)
    I checked yes

    which USCIS office?

    My answer:

    LINCOLN, NE date: 08/14/2007

    Should I be worried about this or can I just feel its okay?

    Is this something okay?

    Please let me know....Thanks.

    I too had the same issue but then figured out that when I sent in my 1st EAD App I lived in CT which is serviced by Nebraska and then I moved to MA,which is serviced by Texas. When I applied for my renewal the supporting documents were being asked to mail to Texas. Did you move?




    Rb_newsletter
    06-16 09:39 PM
    L1s don't visit these sites because most them don't apply for green card. L1s are majorly used by big companies like TCS, Infosys, etc. Those big corporates won't apply for GC. Very rarely based on relationship and long service some apply for GC.

    I see lots of L1 bashing. In reality L1s are pitier than H1s. L1 cannot transfer their visa and change job as H1s do. They have to wait till H1 quota to open up for changing jobs. They run in a rat race to keep their manager happy to get better rating in their appraisal.

    PS: I am on H1 status.

    6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
    H1 loosers still hanging here.....




    wa_Saiprasad
    07-23 08:26 PM
    Very helpful. Thanks for the post.



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