Wednesday, June 15, 2011

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  • devikas81
    09-09 07:08 PM
    Pls. update ur case once you receive any action from USCIS,
    I have similar case like you, pls. email me at vmt0606@yahoo.com,
    Thanking You,




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  • snathan
    08-27 10:12 AM
    I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

    I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?

    If the responsibilities is more 50% different, its a new job and not a same job where the EB3 was sponsored.




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  • DSLStart
    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...



    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..




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  • eb3_nepa
    03-25 01:12 PM
    Everyone seems to be giving 2 cents, lets contribute a lil more guys ;)



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  • bitu72
    10-01 12:33 AM
    Hi,

    We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.

    Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.

    goodluck,
    vaishu



    which number to call to get more info about app




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  • Miya Maqbool
    06-17 03:47 PM
    If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.

    What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

    Thanks



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  • akhilmahajan
    04-13 12:41 PM
    Diptam, at this moment the best thing will be to get your wife an independent status.

    She can get on to F-1 visa or file an H-1B visa. If your H-1B is being canceled for sure, then you need to move her on to an independent visa status.

    Please talk to an attorney and evaluate all the options. I will say you need to act as fast as possible.

    GO I/WE GO. TOGETHER WE CAN.




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  • thomachan72
    10-15 03:44 PM
    sshrika:

    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.

    Best wishes
    Mattresscoil!!
    So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?



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  • sshrika@gmail.com
    10-15 10:17 PM
    Hi mattresscoil,

    <<<<<<<
    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    >>>>>>>>>>>>>>..

    I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?

    Thanks




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  • Matt Peru
    08-16 10:42 AM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.



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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same




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  • diptam
    07-01 03:21 PM
    The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.

    Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.

    Push your employer - why they are called sponsors in H1 based immigration system ?

    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:



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  • sobers
    05-03 09:18 PM
    In terms of fundraising IV crossed 100K ...that's awesome!
    I'm, and i'm sure a lot of others, are curious where we ended up with the May 1st drive...I think ragz4 mentioned 107K somewhere...folks?




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  • lvinaykumar
    05-18 12:22 PM
    I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.

    While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.



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  • iv_only_hope
    08-15 12:01 PM
    Thanks a lot for reply. I just want to make sure she can go to canada, cause she has a bachelors degree from India. Forgetting the security checks, I was reading that for such ppl they say go back to home country for stamping. Mostly ppl with us degrees are fine. WOuld she be safe cause she had one h1 stamped in india few years back?




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  • PRHolder
    10-20 03:39 PM
    The treatment for Latent TB (Skin test positive, XRays clear) is recommended, NOT REQUIRED. Private message me if you have any more questions. They can't force anyone for treatment as that is a personal decision. Only if you have active TB - the treatment is REQUIRED.

    Do you know, what did the medical examiner do with your medical form in Part 3 of the form?

    USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1758d5b07655b110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Q: Both the CDC and USCIS have revised their requirements for medical referrals, as notated on Form I-693. In what instances must the referral section in Part 3 be completed?
    Only complete Part 3, Referral to Health Department or Other Doctor / Facility, if the referral was required, such as when a Class A condition is suspected and needs further evaluation. Do not complete Part 3 if the referral was merely recommended by the CDC. Instead notate the (recommended but not required) referral in the Remarks box under that particular disease or disorder. This will help alleviate the possibility of USCIS rejecting the Form I-693 due to an erroneous assumption that a follow-up evaluation was needed before completion of the form.



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  • mittal_a
    06-26 09:59 AM
    I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?

    By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.

    Any suggestions will be appreciated ?

    Thanks




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  • DSLStart
    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...



    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..




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  • abdulazeez77
    08-11 10:18 AM
    I think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.




    champu
    02-18 07:31 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.

    Vivek -

    I have similar situation.
    Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
    Please let me know. Thanks




    fide_champ
    02-15 09:19 AM
    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G

    Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?



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