Monday, June 13, 2011

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  • maximus
    11-07 12:38 PM
    Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.




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  • clif
    06-15 01:35 PM
    Experts, Please advice on this :

    :confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?

    Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.

    Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:




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  • mrane1
    09-27 05:48 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.

    Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...




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  • excogitator
    12-11 03:34 PM
    Since the official announcement thread hasn't been put up yet.
    Congratulations to all the winners!!
    :)



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  • piyu7444
    04-01 02:45 PM
    CantLeaveAmerica

    The officer asked several questions

    Where do I work
    What is my job title
    Am I married
    Do I have Kids
    What is my current address and proof of it.
    What is my wedding date
    Hav I travelled out of USA from last entry
    Did I ever get any money in form of help from Immigration
    Checked my pay chq (current) and w-2 for 2007.
    Asked for Employment verification letter
    Asked to show I 94 card

    Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below

    Do I have any illegal kids (hahaha)
    Was I ever involved with any terrorist org
    Have I ever tried to being in ilegals to USA
    Have I ever worked as a Prostitute (lol)

    In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM

    The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.

    Hope this helps people out here........Good Luck ALL.




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  • for_gc
    04-27 11:25 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.



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  • optimystic
    04-21 04:24 PM
    hi friends,
    even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
    any response is appreciated

    Load balancing is one of the primary reasons.




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  • django.stone
    02-01 03:22 PM
    and congratulations!



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  • gova123
    08-27 12:38 PM
    Go in person that would be best. Houston will not respond to mail or phone calls, Their whole switch board is messed up. I had tough time when I sent it to Houston.

    Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.

    Thanks
    Govardhan




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  • maxy
    10-16 11:48 AM
    i think ability 2 pay is fair question under AC21. what future employer will hate to do is put words like petition, labor, immigration, sponsorship, EB preference etc ...

    they would just like to issue regular EVL which they are providing to other regular employees. may be salary, role, start date, and permanent nature of job thats it. is that enough for USCIS. thats the question. (they can always look up company papers, tax returns etc.)



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  • pappu
    02-03 07:39 PM
    Congratulations.




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  • jung.lee
    03-03 11:56 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    See the below linked forum post for a relevant discussion:

    http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4

    Also, see this document I posted on Scribd:

    http://www.scribd.com/doc/12822387/485vsH1b



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  • reddy_h
    01-07 10:18 PM
    Always use current valid passport in all your future applications.




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  • cool_guy_onnet1
    11-21 02:09 PM
    I am in a big,actually huge problem, Filed for EAD/AP and got it.
    Now I may loose my job in next month-


    My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -

    what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.


    PLEASE HELP!!!!!!
    I've been IV member since it's formation and have contributed everymonth!
    PLEASE GUYS PLEASE HELP



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  • mundada
    11-06 04:30 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts




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  • snathan
    03-29 11:38 AM
    Thanks all.
    I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.



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  • EndRetro
    06-20 01:03 PM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?

    What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
    Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
    Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.




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  • intheyan
    08-20 02:34 PM
    The same here. The primary got approved and the dependent is still pending.




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  • vvicky72
    09-09 06:11 PM
    I don't suppose mentioning a desi consultant exploiting a desi employee on H-1B would come to you as a complete surprise. Would it? Like many other Indians, I too came to US as a master's student. The study was great, but what followed was horrible. With jobs hard to find almost all of my friends had to suffer at the hands of desi consultants. Some wouldn't pay on time, some wouldn't pay at all, some wouldn't give vacations and some where just a**ho*es. Worst part? After 6 years, the situation hasn't changed a bit. These consultants still continue to exploit desis in the name of H1B. I hope one day they realize that there are other honest ways of making money, than harassing your own countrymen.




    msp1976
    02-15 11:33 AM
    How about requesting a $1donation when a non-contributing member ask a question, or $5 dollars for ten posts.It is not much but will definitely bring some revenue.
    We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.

    We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?

    Some of us have a fair study of the immigration laws....Our knowledge is anecdotal.....but still we are not lawyers and we donot want to get into a situation in which we get sued for providing potentially incorrect info....No one wants to mislead anyone but accepting money for service makes us step into an unknown territory....

    We want to educate members as much as possible but this is not core business...
    All advice we provide is with a caveat that users should check with their lawyesr for feasibility....




    rajuseattle
    07-01 01:47 AM
    I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.

    According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.

    In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.

    Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.



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