Friday, June 10, 2011

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  • spgtopper
    02-03 09:09 AM
    Seems like a step in the right direction....

    S.




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  • Maria_Mathew
    12-19 01:52 PM
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.

    Was she working in IT field back in India? Can you specify her skill sets? Was it easy for her to find a sponsoring company ?

    I am on H4 and I was wondering whether it is easy to get a sponsoring company in this bad economy. Please reply when you get a chance....

    Thanks,
    -Maria




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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


    _________________
    Not a legal advice




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  • agt
    05-23 08:21 PM
    can you pls reveal the name of your employer?
    Thanks for your Reply.
    Right now I am planning to lodge a complaint to DOL against this body shopper.
    The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
    H1B visa holder.



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  • suriajay12
    11-02 05:38 PM
    Dear President Elect _______

    Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.

    As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.

    I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.

    Respectfully,

    Alterego,
    EXCELLANT!!!.
    My expression wouldnt have come closer to that of yours. Good.
    I would also add something related to buying houses. Thats where the market needs some money to be pumped in ,thats where there are many job losses.
    "Unable to vote" is a good point you brought up. Most of us probably didnt mention that,. I am sorry if wrong.
    Lets together start writing to the new president who I am sure will be very energetic and taking quicker actions in the right direction.
    And do not forget to write to the media.

    Great.,




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  • vish77
    08-01 08:57 PM
    My wife's federal loan got approved with expired I94 stamped as parole



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  • amitjoey
    07-17 05:55 PM
    The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
    Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.




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  • Sreenuuk
    08-07 09:24 AM
    August Visa Bulletin is out.

    EB2 - Jun 1 2006 (Unchanged) for India/China
    EB3 - Unavailable.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html



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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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  • simple1
    10-07 04:03 PM
    you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.

    Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.



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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work




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  • krustycat
    10-24 10:40 AM
    I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
    The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
    On July 9 my application was received in NSC and was signed for by F HEINAUER.
    107 days and counting... :(



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  • edd
    02-05 05:36 PM
    Hi,
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one




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  • ameryki
    06-27 04:05 PM
    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????

    I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal



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  • lonedesi
    10-20 03:27 PM
    Thank you guys for all your responses. Appreciate you letting me know your experience in this regard.




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  • fromnaija
    11-17 11:48 AM
    Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

    The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

    I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:

    This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.



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  • Bpositive
    03-05 08:13 AM
    My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.

    Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.

    Any similar experiences , please post.

    Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done




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  • ameryki
    05-02 12:08 AM
    my 2 cents...once past 180 days of your 485 filing with an approved 140 already anything is fair game. I am in my 4th promotion compared to what was on my labor...you got to take risks in life mate.




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  • wandmaker
    11-12 10:59 AM
    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(




    bluekayal
    11-02 01:57 PM
    Try Mathew Chacko at the office of Rajiv Khanna. He's great at strategizing. I've had several conversations with him. I still email him occasionally..lets say we are country-cousins!




    rta2009
    11-25 07:38 PM
    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.

    Dear peacocklover,

    Thank you for your helpful answers.
    I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).

    May I ask one question to clarify your answer?

    It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.

    So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?

    (My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).

    Many many thanks :)
    Have a wonderful Thanksgiving.



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