Wednesday, June 15, 2011

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  • surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.





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  • vikramy
    11-19 07:39 PM
    ^^^^





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  • goel_ar
    12-18 06:05 PM
    Hi All,

    SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".

    I can't start working until I get SSN as it is small company. I am their first H1 employee.

    The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.

    Any suggestions , asap, will be greatly apprciated.

    I am not sure who am I suppose to contact. Please help...

    I am really afraid & depressed.

    Thanks,
    LG





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  • sanju
    06-30 02:36 PM
    Thanks babloo!!

    I BELIEVE that we will all be fine. Just hang-in there, and do the best that we all can and must.


    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....



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  • senthil
    02-06 10:59 PM
    good question. i guess you were thinking we both were on AOS stage.

    only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

    hope this explains. thanks.





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  • No, he didn#39;t die of a heart



  • matrixneo
    08-01 01:05 PM
    here is one in praise of USCIS, replace Anamika and naari with USCIS

    YouTube - Meri Bheegi Bheegi Si Palkon Peh FT.Sanjeev Kumar & Jaya Bhaduri (Kishore Kumar) Hindi Sad Song (http://www.youtube.com/watch?v=yiM2-e5FnLQ)



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  • kriskris
    08-22 02:21 PM
    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.





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  • desi3933
    05-11 08:30 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    ......

    >> In this case they are eligible for FB2A. So it nullifies that.
    No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.

    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.

    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • crazylad
    05-10 08:17 AM
    My H1 sponsor informed me that the check he submitted along with my application on was encashed on Wednesday 5/7 - Non-masters non-premium processing:)





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  • bibs
    05-09 06:09 PM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.



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  • BharatPremi
    08-30 05:42 PM
    babu,

    Congrats to get out from this hell and Thanks for your Promise to continue to support us.





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  • qualified_trash
    12-15 12:26 PM
    Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?
    yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)



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  • waitnwatch
    05-30 06:57 PM
    the reason she was denied is because she is young

    It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.





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  • ronhira
    09-18 09:42 PM
    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.

    uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....

    u may want to look for uscis definition of backlog....



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  • pmpforgc
    02-08 01:06 PM
    Do you have any tentative dates for travelling ?? How flexible the dates are ??

    BTW - i am not an travel agent nor related to any travel agency

    I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.





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  • Aah_GC
    07-09 02:11 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.



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  • coolmanasip
    07-19 10:54 AM
    I would say talk to someone at H&R or alike........they will help you ammend it........this is crazy isn't it!! God knows what all we have to do to get a stupid GC!!!





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  • binadh
    07-12 01:06 PM
    May be someone from NY can start calling/writing clintons office. Help us or return that $$$$.


    As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?

    source: http://www.nysun.com/article/57238


    If you think this thread is useless, CORE please close this thread.





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  • godbless
    05-14 10:42 AM
    How about rejection notices? Anyone got checks back with the rejection notice?





    nochoice
    12-17 12:01 PM
    Suman,

    Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.





    canmt
    10-19 10:37 AM
    You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.

    I hope this helps and good luck on your greencard chase.



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