domingo, 26 de junho de 2011

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  • dsneyog
    11-30 10:54 PM
    Sorry I have no advise as I am filing my AP tomorrow for the first time. However it scares me that it's been over 3 months that USCIS received your application. I am sending out mine tomorrow and need to get it it by late February. Wondering if I should mention in my covering letter about expediting it. I am also planning to include prepaid envelope.

    Hope someone here can answer your question.




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  • eb3retro
    02-06 11:17 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?


    EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...




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  • sid3699
    09-16 10:13 PM
    My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.


    What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?

    I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?

    Thanks very much.




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  • chanduv23
    04-23 09:17 AM
    If you find this on your 140 approval notice

    Notice Type: Approval Notice
    Section: Mern of Profession w/Adv Deg,or
    of Excentn'l Abllitv
    Sec .203.(b) (2)


    Then it is EB2.



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  • gccovet
    06-09 09:22 AM
    Hi all,

    I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .

    I have applied and got a new passport .

    I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.

    I am leaving 3july next month...what need to be done....i dont even have a VISA.

    And what needs to be done for B1 VISA.

    I emailed the chennai US embassy but couldnt get any reply............



    PLEAASE...HELP:(:confused:

    Keep you head cool, don't panic (i know, it is easy to say...)

    First things first,
    Launch a police complaint (this is very essential). (Get 8-10 photocopies made for these).
    Take the complaint number and papers from police to Indian consulate and get a passport (1 year validity passport will be issued in 2-3 working days in this situation). I hope you have photocopies of your old passport including VISA page (hope you have I-94 photocopy as well). Approach local USCIS office and give them your stolen passport photocopies, complaint papers etc. They might be able to help.

    My friend went thru even worse situation then you are in, his laptop bag with his passport, money, cell phone etc.. Got stolen from Frankfurt airport while was flying from Delhi to JFK, he got stuck in Germany for 4-5 days. He was in very bad shape, fortunately, he had few dollars and credit cards (corporate and personal with him)..... He was able to enter into USA on 5th day. I quoted my friends incident here just to boost your morale. Keep tight, hang in there.

    HTH
    GCCovet




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  • pointlesswait
    01-08 03:25 PM
    since it was a techslaves personal proposal.. i bet he didnt think it through..;-)



    from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false

    Here is an outline of my proposal:
    � To be eligible to an H-1B, the employer would be required to have not have laid off Americans
    in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
    workforce.
    � An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
    Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
    employer would have automatic permission to hire the H-1B.
    � The wage paid to an H-1B would be required to be at least the national median for all workers in the
    field, including those with all levels of experience.
    � After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
    of the H-1B who was hired.33
    � The visa would be valid for 3 years. During this time, the worker could move from employer to
    employer at will, providing that each new employer goes through the 30-day ad procedure on the
    DOL database.
    � If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
    worker would be deemed as having proved his/her value to the economy, and would automatically be
    granted permanent-resident (i.e. green card) status.
    � If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
    required to leave the country within 15 days.



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  • anilsal
    03-21 12:37 AM
    Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.

    I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).




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  • casinoroyale
    01-24 04:38 PM
    Yellow Admin Review is usually TAL (Technology Alert List) check. This kind of makes sense with your Chemical background. This is usually faster check compared to other types (like name-check). This used to take 21 days, you are around the same timeframe.





    Hello experts,

    I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?

    Thanks!



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  • pappusheth
    05-21 05:01 PM
    when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..

    I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.

    Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..




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  • logiclife
    06-20 12:06 PM
    Fellows,

    I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:

    1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?

    2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.

    3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?

    Thanks


    (1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.

    About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.

    BEFORE YOUR GC IS APPROVED:

    Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.


    AFTER YOUR GC IS APPROVED:

    Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.



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  • sodh
    07-27 05:03 PM
    And one more thing notarize the request, its not neccesary,but its better to be safe.




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  • varumo_varatho
    12-25 10:58 AM
    Varumo_varatho,

    Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

    Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

    If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

    I would suggest you to change your screen name to Thriyumo_Thriyatho

    Dear Mr. Rude Know it all aka austin gc,

    I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

    I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

    On the topic, the thread opener can talk with his lawyer on what i posted.

    Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

    Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.



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  • indianindian2006
    10-09 05:20 PM
    Hi,

    It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!

    You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.




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  • ilanbenatar
    04-25 12:17 PM
    Thanks man, appreciate your quick response.
    Glad to hear you got your visa :) was it hard and strenious?
    I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

    Best,
    Ilan



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  • LookingForGC
    12-09 02:13 AM
    by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
    At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.

    So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
    Congratulations!

    Good to know this info. Best wishes!




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  • gcformeornot
    08-10 11:03 AM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help

    if employer or Lawyers are issuing check then how this will happen.(unless your employer, lawyer and you live in same address):)



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  • prout02
    11-20 10:49 AM
    Seems like a good idea to me...even if it favors people with Attorneys....it atleast gives you an avenue to present your case to some Computer which then assigns the case to a human. Wow...what progress, TSC!!! Why can't your computer pick it up in the first place? What kind of system you have that can't prioritize work based on FIFO? Now we see a way out of this hell-hole. Hope NSC does the same too!!

    An afterthought: Could we write to Ombudsman for NSC adapting similar email routine?




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  • siddar
    09-15 11:12 AM
    USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.




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  • chanduv23
    11-14 09:40 PM
    Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..

    He is in the Tri State Chapter and hope we will see some action from him soon :)




    Junkie2007
    10-09 05:51 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.




    gopalkrishan
    08-06 03:59 PM
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.

    with fear of sounding rude to Veerufs .. I must say that i concur and whole heartedly agree with Austingc :p



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