Tuesday, June 14, 2011

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  • GCNirvana007
    04-08 06:26 PM
    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D


    Thanks. Hope you get GC soon as well.




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  • alterego
    09-17 11:16 PM
    go to ECGFMG.org, you will get a lot more info and more accurate info there.




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  • drona
    08-31 12:47 AM
    Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!




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  • nlssubbu
    10-02 11:38 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )



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  • kishdam
    03-19 12:16 PM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee.

    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.




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  • seahawks
    09-07 01:40 PM
    emailed my details for lobby day.



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  • Bolt
    04-23 11:48 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    Hi ,

    congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.

    Please do reply.




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  • Desi Unlucky
    09-20 08:21 PM
    Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.


    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.



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  • nb_des
    03-17 01:33 PM
    I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.

    That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.




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  • EndlessWait
    06-20 12:46 PM
    I believe H1/H4 has nothign to do with I485 application. You can file for her 485. Since she is on h1, you should mention h1 for Adavane parol. Since she has h1 stamped and can travel outside, advance parol is not required now. You can apply for AP any time while 485 is pending.

    and since we are filing for AP now, i'd mention H4 on AP. is it right?



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  • nc14
    02-18 03:41 PM
    So, if one is going for Intemized Deductions, can we actually put the expenses that we have incurred for 485 filing (lawyer fees + fees to USCIS) as deductions?




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  • kish006
    12-23 04:40 PM
    To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!

    Hi,
    I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.

    I dont what to do now. Please help what to do.
    I f I apply now i will get my AP in time before I leave to India.
    What need to do now.

    Thanks in advance



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  • Sri_
    02-29 09:06 AM
    How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?

    Take the infopass appointment. Tell them your 485 receipt number and request them for Receipt Date & Notice Date. In the initial screen, I think officer can only see Notice Date. Then request them for Receipt date, then I think they can dig the info and find the info.

    Few officers are not aware and they say that there will be only one date i.e. 'Notice Date', you should tell them the difference between Notice Date & Receipt Date, then they will try to look. This happened to me, So I showed them my I-140 receipt and explained the difference. Then the officer got convinced to check for Receipt Date for 485 in the system.

    Thanks




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  • saravanaraj.sathya
    08-22 04:27 PM
    Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

    I will call these people in Buffalo to find out if I can motivate them for rally..

    Thank you




    saravanaraj.sathya

    You have not updated your profile with your full information. Please do so asap.


    OK we have tons of members from Buffalo. Now it is upto you to contact them. We have several more from Rochester and Syracuse....
    Can you take charge of contacting them and making phonecalls? get in touch with NY chapter and volunteer to make phonecalls to all these members:

    Mkolken
    Bhatya
    DEVILLION696
    Drajaybhora
    Freidyeid
    gcny2006
    nkumar
    brahmam
    mach
    GCgal
    Mdforgc

    But first update your profile. ONly then NY chpater will be able to help you.



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  • jonty_11
    06-18 01:22 PM
    you are lucky if u get one....!!! Dont have ur cake and eat it too!!!

    Justkidding!




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  • manusingh
    01-08 10:06 AM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    Hi

    Does your wife got H-1B stamped, could you pl send us all details. It may help us.



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  • sheela
    08-13 04:37 PM
    Go to https://egov.uscis.gov/cris/jsps/index.jsp and register as a customer from the left panel. Once you register you can enter your receipt numbers and track your case. If there is a case status update they will send you an email.
    Yes, it is possible to file everything the same day.

    How to get LUD without RN. Please elaborate. Also, did you get e-mail through your attorney or directly from uscis. Looking at my I-485 only e-mail address given is by law firm.




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  • snathan
    04-13 07:44 AM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...




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  • royus77
    07-12 06:58 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!


    You are trying to fight against Business Lobby ...It wont work




    skgs2000
    10-14 05:57 PM
    This does not give you EAD status. It is just a pre-registration. EAD is given at actual I-485 filing and not at pre - registration.

    And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.




    gcwait2007
    06-06 04:54 PM
    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.

    mk58581:

    First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.

    Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.

    I wish you Good Luck.

    PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece



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