Thursday 9 June 2011

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  • vaishnavilakshmi
    09-27 03:49 PM
    Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.

    I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.

    Thanks



    No,
    they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!

    goodluck,
    vaishu




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  • UKannan
    05-27 11:20 AM
    may i make a sincere suggestion. Please, go back to school, take a course in english grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified eb2 applicant. No pun intended.

    :d




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  • LostInGCProcess
    11-06 02:47 PM
    Guys,
    I wonder if anyone has any info about this.
    A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.

    glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.

    Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.




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  • akela
    03-11 05:39 AM
    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela



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  • psgprasad
    02-22 10:32 AM
    I had the same problem last year.

    1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
    This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.

    I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.


    I would suggest, you contact a attorney soon.

    My suggestions are my experience and stuff, I am not an attorney to give you legal advise.




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  • miamikk
    10-22 11:40 PM
    I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.

    I have couple of questions:

    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    I really appreciate any suggestions.



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  • fromnaija
    11-08 07:55 AM
    Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.

    You can use your experience with current employer if the future job is substantially different than your current job.




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  • anjans
    07-09 07:01 PM
    Yes, and if the present company knows you are leaving, less the chances of them providing you a copy of I-140 :(. Is there a way to get a screenshot if you know your reciept number?



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  • ujjwal_p
    06-05 11:23 PM
    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.

    Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.




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  • prioritydate
    08-06 05:35 PM
    I have an LUD on my I-140 on 04/20/2008(Sunday)



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  • Rayyan
    07-03 01:20 PM
    Hi All,

    I am planning to get my H1B stamped in Chennai, India.
    I got H1b extension last month for 3 years. I am planing to visit India in the month of Aug.
    I need to know when do I make an appointment?
    and will my name be added to PIMS if I make an appt?

    Do I have to go to Chennai or I can go to any other Consulate for stamping?

    What about PIMS verification, is there anyway I can have my name added to this database before I travel to India?

    Anybody has any idea about this? Thanks in advance




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  • waitin_toolong
    10-29 02:10 PM
    Guys....

    My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.

    She has no plan to work till Jul 08, is it good to apply for SSN?

    EAD comes into effect only if used for employment not for any other purpose.

    This question has bee asked and answered several time.



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  • milind70
    11-06 11:29 PM
    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

    Thanks!
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.




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  • HawaldarNaik
    11-20 11:47 AM
    Paper



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  • elusive
    07-12 04:54 PM
    Thanks Very Much Anne,

    USCIS received the response packet today around Noon, Hoping to get 3 years extension and don't want to go through the pain of EE docs, end client letters, SOW,....at least for next 3 years ..well i forgot If I exit ti still remains a problem...



    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann




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  • brit_gc
    05-04 12:46 PM
    I had an RFE which they received on Feb 8th, still no response after 12 weeks.
    Is there anything to do here, or just wait and twiddle my thumbs?!




    Current Status: Response to request for evidence received, and case processing has resumed.

    On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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  • pamposh
    09-15 11:54 AM
    Folks there are two threads on the forum that are targeting the similar objective.
    Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
    http://immigrationvoice.org/forum/showthread.php?t=21340
    and
    http://immigrationvoice.org/forum/showthread.php?t=21453

    This meeting is online and is for an hour.

    There is one more thread driving a similar initiative.
    http://immigrationvoice.org/forum/showthread.php?t=21493

    Why not get all of these threads and people together working on one target.




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  • NKR
    02-06 11:27 AM
    I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?

    Exactly, I would call it discrimination... Like HV000 said ask them to show the information where it says that, I don't think they have any...




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  • cbadari99
    05-12 05:51 PM
    Though a little off-topic, this is an interesting read

    http://www.telegraphindia.com/1090513/jsp/frontpage/story_10956610.jsp




    go_guy123
    05-30 11:56 AM
    While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).

    The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).

    Food for thought...

    jazz

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    Eventually this bill introduced that 7% per country cap




    tabletpc
    04-06 07:59 AM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks



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