Monday, June 27, 2011

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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.




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  • njboy
    12-02 11:19 AM
    what are our chances if the Dream Act does not pass? Dream is #7 on the list.

    Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
    The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years




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  • looneytunezez
    04-24 01:58 PM
    As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.

    Thanks folks

    LT.

    why the red dot btw?




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  • shukla77
    06-29 10:36 AM
    it seems there is one Poll for every little thing.....is someone doing statistical analysis of all these..??:D :D



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  • larmani
    10-05 02:41 PM
    I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.




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  • onemorecame
    11-15 01:43 PM
    Hi Guru,

    Can anybody Help me to know how to Process H1B for Teacher(from India)?

    Or guide me how can one who is teacher with 4 year exp can get H1B/Job in US.

    if you guys know any company which process new H1B for teacher from India then Please PM/respond this message.

    Thanks for your help in advance.



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  • man-woman-and-gc
    01-18 01:15 PM
    The USCIS procedures do not follow any logic....all of you need to join the Letter Campaign started by IV if you have not already.

    That is the only ray of hope that I can see for now.




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  • lkrastogi
    07-16 11:08 PM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?



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  • saketkapur
    10-28 10:55 AM
    Please talk to a good immigration attorney.....following is just my opinion and do not take it as legal advice as every case is different.

    If you have filed for AOS and are past the 6 month mark, have a valid EAD then you can invoke AC21 and change jobs.
    Else your new company will most probably have to file a fresh labor and I-140 for you however you should be able to port or re-capture your PD.....

    Again talk to a lawyer or post in the lawyer portal.........

    best of luck




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  • sbabunle
    11-03 06:08 PM
    I applied for OCI for my daughter some months ago and got approved
    and got her OCI stamp and cards. Couple days ago a friend of me got
    rejected. He was told that "if both parents are indian citizen child is not
    eligible for OCI"

    After I heard it, I talked to Indian Consulate SFO, and they told that
    this condition is included recently. So whoever got OCI are good. ( I hope so!)

    OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.

    thx
    sbabunel



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  • Law Loving Alien
    10-25 12:00 PM
    Gurus,

    USCIS is suppose to give decision in 15 business after filling I140 in premium processing ( or converting existing I140 application to premium processing).

    I have seen several person mentioning that they not only got their I140 decision but they got their I-485 expedited too after converting I140 to premium processing ? Is this true...... My I140/I485 was filled at NSC in June 2006...and I have not recieved any decision for my I140 yet....Is it worthwhile to convert my I140 to premium processing ... I am sure I will get my I140 decision in 15 business days but will it expediete my I485 case too after position decision of I140.... Please provide your thoughts...




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  • unseenguy
    06-19 01:27 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.



    After filing, i received the receipt number and started working immediately from then onwards.



    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.



    On May 21st 2009, i received a letter from USCIS

    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.



    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.


    Third Query is should i apply for a new H1 and continue working.



    Please advice me on this issue.


    Hoping to hear from you Soon.


    Thanks a lot for your help,


    You have been working illegally and hence do as directed on the petition. I am not sure 290B is going to help you.



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  • vikramy
    01-08 11:05 AM
    Is Attorney coming today?




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  • walking_dude
    08-03 09:12 AM
    If Priority date is 'Current', you can't apply for H1 extension!

    I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

    What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

    What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.



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  • kaisersose
    07-17 10:22 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007

    You can answer this question for yourself if you read . The quick answer is, it does not mean anything. The system is totally random and trying to discern a pattern out of their actions is a futile exercise.




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  • go_guy123
    02-23 10:57 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.



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  • vedicman
    08-30 09:08 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.

    Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.




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  • brb2
    08-23 06:06 AM
    Master's and higher, outside US has to be in the STEM fields to qualify.
    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).


    ------------------------------ Copy paste ends --------------------




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  • visa_reval
    04-26 11:33 AM
    Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.




    OlgaJ
    May 25th, 2005, 06:01 AM
    I think the starkness of the Cherry Creek Reservoir area makes it difficult to capture its charm. (I lived 1-2 miles away from there for 24 years.) If I still lived there, I would be concentrating more on the cloud formations (which you don't see in too many places) when using the 17-85 lens. I would also take a couple of shots of the same scene, one metered for the sky and another for the shadow areas and blend them in PS.

    Olga




    n2b
    08-02 09:35 AM
    if you can convince the current employer not to revoke the 140 (at least for the next 180 days).


    Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?

    Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?

    Thank you!!



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