Thursday, June 23, 2011

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  • silvinhaphn
    05-05 02:40 PM
    sorry i forgot to say the date... The approval was on April 27th, and today May 05th I haven't got either the letter or the card.

    Do they come together or there is something wrong for the fact not even my approval letter have came yet?




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  • sargon
    05-18 11:51 AM
    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.




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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)




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  • cdeneo
    12-29 01:21 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.



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  • sledge_hammer
    04-13 02:17 PM
    What line of work are you in? Either send me a PM or post here.

    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.




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  • arnet
    09-08 05:27 PM
    i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.

    if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.

    How about birth certificate stating initial and First name (not first name and last name). Any sugestions?



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  • pd052009
    03-15 11:34 AM
    You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.

    Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
    You can not simply say that Infy,TCS/Wipro are nice. Through body shoppers you have an oppertunity to earn more. Through Infy,TCS/Wipro, you would get designation.




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  • vnsriv
    10-26 03:33 PM
    Come on guys...some one..

    File withdrawal of H1, come on AP and work on EAD. No Issues at all.



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  • keepwalking
    05-14 03:30 PM
    My priority date will become current on June 1st 2011. I will add my wife to green card process on June 1st 2011 (she is in US in H-4 status now). My I-485 is with Texas processing Center.

    If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.




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  • p_kumar
    10-26 01:51 PM
    how does AP look like?. is it like EAD or just a piece of paper.thanks:)



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  • rgrant
    04-04 07:55 AM
    I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.




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  • krishnam70
    03-26 12:41 AM
    I just got approved for my 3 year extension I am on my 7 th year now.
    I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.

    So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.

    Here are the important points:
    0. Total amount is like $3K.
    1. 50% owed after 1 year
    2. 0% owed after two years of service.
    3. 100% owed when employment is terminated by either party :-0
    4. 10% per annum interest after the 31st day of termination.

    Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
    I dont care about the money, but I think this is borderline harassment.

    Note:This is not a desi consulting co.


    -R

    Employer cannot charge for H1b related expenses or GC expenses. It is illegal to do so and if reported could result in blackisting. IN fact I encourage you to do so

    - cheers
    kris



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  • black_logs
    02-08 03:52 PM
    I agree, It is just that I'm so frustrated to see them doing almost nothing since they came to power. All they talked since then is reservations...not a single project. After 2 years in power only 1 project they have initiated since then is this airport upgradation project that too is Vajpayee government's brainchild.




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  • Alabaman
    03-26 02:55 PM
    ...and whats this poll going to do for us? I agree. Could we include location also in this poll. Salary & Location.



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  • waitingmygc
    10-12 07:08 PM
    Please ask an attorney.

    why?
    If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

    I advice you to consult a good attorney.




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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks

    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.

    Thanks



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  • texasguy
    06-13 11:58 AM
    Thank you all for your prompt reply.

    We have the police report and I filed e-filed I-90 replacement application.
    Hopefully, this situation does not happen to anyone.

    Thank you all once again.




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  • sertasheep
    06-30 04:33 PM
    How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?




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  • WaitingForMyGC
    09-26 12:20 PM
    What's the difference between a catfish and a lawyer?

    One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.




    eb3retro
    12-17 01:36 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced


    for gods sake, pls put proper heading for new threads.




    bskrishna
    02-11 10:54 AM
    The 800K pending 485s include people who have filed multiple 485s.
    Cases like
    1) Spouses filing thier own as well as dependant.
    2) More then one primary filing.

    So i guess there are about 100K duplicate and invalid applications.

    In a way our community contributes to our own downfall...

    Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.



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