Monday, June 20, 2011

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  • hydboy77
    04-27 11:53 PM
    if what you said is correct then if dates move forward then people at NSC are going to get far more GC than TSC because 485 applications have been pre processed at NSC and TSC will not be able to match NSC in issuing GC

    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.




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  • dngoyal
    07-27 05:10 PM
    hello rolrblade
    Thanks for all this,
    in the last you have said,
    "Also the email from you is "legal authorization" to sign"

    But in my case email is not attached with the application.

    as I sent mail after filing the application.

    is it OK?/




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  • javadeveloper
    12-02 01:29 PM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.

    One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info




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  • eb3_nepa
    08-25 12:54 PM
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.



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  • ChainReaction
    02-21 12:06 PM
    Satish,
    Did you see these updated today (2/21) ?

    Where did you see that ??

    Thanks

    I am also looking for the update, can someone post the url for the site.




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  • venky08
    09-25 05:00 PM
    you have till december to find a job. thats 2-3 months. put all your energy to find a new job and ask the new employer to file H1B. if you can find a job in a good company you will have another stab at it. stay away from consultancies this time if thats what causing the rejection...you need to elaborate more on your situation to exactly know what your options are (field of study/experioence etc)....

    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.



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  • ashres11
    05-30 09:58 AM
    I am going to use AC21 and H1 transfer. Now my situation is with wife status. Any information is appericiated

    Wife Came in USA on H4 Visa
    Then Convert it t0 H1
    Now She activated her EAD and working fulltime.

    Can she go back to H4 now. I am a primary applicant for GC.




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  • sush
    07-09 01:06 PM
    Mine is TSC peding since May 2006.
    Upgraded to PP on Jun 19th 2007, no updates yet.



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  • peer123
    04-09 04:34 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK


    I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.

    Thanks
    peer123




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  • rongha_2000
    10-02 11:23 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?


    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.



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  • toprasad
    06-10 12:39 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?




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  • cgs
    08-21 10:54 AM
    Enjoy and Please visit us:)



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  • amulchandra
    02-22 06:35 PM
    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris

    Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?

    To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).


    Please stop spreading rumors.


    Thank you
    amulchandra




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  • sapota
    07-15 10:22 PM
    Me am in Austin.

    After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.



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  • Pagal
    09-27 12:04 PM
    Hello,

    I think you are fine to do day trading on any visa type.

    Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.

    If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.

    In summary, good luck w day trading! Do donate part of the profits to IV... :)




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  • anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.



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  • SAP
    04-07 03:36 PM
    Folks,
    can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?

    Future GC labor PD : Dec 2002
    Category: EB3.
    I140 : approved 2004
    I485: RFE on expired medicals; new medicals submitted.
    EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)

    Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
    your postive comments and if you have been in this situation pls tell me how you managed.

    Thanks
    SAP




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  • bank_king2003
    04-21 11:29 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...




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  • mmanurker
    12-08 06:38 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.




    pmb76
    07-22 03:54 PM
    Trance - Indeed a tough call. I've been in the US 12 years now. I chose my career over the GC and have learnt a lot, have a great job but no GC yet.
    Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.




    DDash
    11-10 03:51 PM
    http://immigrationvoice.org/forum/showthread.php?t=3779

    WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.

    While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!



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