Wednesday, June 15, 2011

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  • rally
    07-12 11:35 AM
    Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf


    I think this is a really good idea. Can we pursue this to completion?





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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.





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  • yestogc
    05-05 04:24 PM
    yes 100% true, more salary is no concern. Designation and job roles is the key.

    For marriage, attach
    Marriage certificate, any joint accounts that you may have, marriage photos





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  • nozerd
    12-17 09:33 PM
    My labor was approved in October 2005 and the dates were in 1998 then so couldnt apply for 485. I applied for I 140 and that was approved in December 2005. Couldnt apply for I 485 until June 2007 just 1 month before the "free for all" where my dear friends with PD in 2007 could also apply.
    Just makes you smile doesnt it :)



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  • LostInGCProcess
    06-12 05:17 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o





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  • GCBy3000
    05-03 09:24 PM
    Admin,

    I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.



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  • addsf345
    01-13 03:21 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!

    I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.

    One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?





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  • gtg506p
    03-09 09:56 AM
    Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.



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  • a_yaja
    07-17 10:31 AM
    To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
    You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.

    Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.

    As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.





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  • aroranuj
    06-16 12:52 PM
    I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?

    Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?

    Thanks.



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  • korient
    07-11 02:53 PM
    Hope someone is close enough to help.





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  • grupak
    03-25 11:34 AM
    Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.

    Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.



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  • paskal
    06-24 10:00 PM
    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    http://www.uscis.gov/files/form/I-864.pdf


    I-485 instructions are very clear on who needs the I-865 form.
    the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
    NO tax forms are needed per my reading, check for yourself.

    http://www.uscis.gov/files/form/i-485.pdf





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  • tnite
    10-16 01:28 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
    Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
    H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
    As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
    H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing for 1485 provided your I140 was approved.

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
    NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
    Once approved anywhere from 7-30 days you might get the GC by mail.
    I dont know whether there are enough numbers.I won't even speculate.

    - Would I get the fingerprinting notice directly or would my employer receive it?
    You would get a copy of the FP notice.

    - What other formalities would be left after (assuming) 485/765 are approved?
    765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
    Goodluck



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  • rb_248
    09-05 03:33 PM
    Congratulations!

    Thanks. But, I am still not sure if I can start celebrating.





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  • raysaikat
    03-28 06:53 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?

    Yes.


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

    You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

    If you can get CPT approved by your school, then you can work for the employer during the summer months.


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

    If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

    If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.



    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

    Thank you very much for your help.



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  • garybanz
    01-08 10:14 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    My contract with my desi consultant basically says

    "Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.

    In particular, I will not:

    (i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or

    (ii) Divert or attempt to divert business away from Employer;"



    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?





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  • FinalGC
    02-07 09:36 AM
    Buddy:

    The way I see is that you have two options:

    1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.

    OR

    2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.

    Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.

    It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.

    I just gave you some practical advise.

    I hope you make the right decision, which would be good for you and your parents.





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  • maddipati1
    07-17 04:34 PM
    my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.





    jsb
    01-08 10:22 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    ...
    ...
    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?

    Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.





    Green.Tech
    07-18 01:37 PM
    It's hard to predict EB-2 vs. EB-3 movement but I would think that an earlier PD is the way to go.



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