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  • Kitiara
    04-28 02:40 PM
    I wasn't copying you, Soul. Honest. :)

    Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)





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  • GCSOON-Ihope
    11-02 11:47 AM
    Some people are really highly sprung and get mad very quickly!
    If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
    Saying that, you are right: attorneys do screw up. It happened to me...
    But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.





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  • snathan
    03-24 11:45 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!

    If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.





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  • GCKaIntezar
    05-22 08:45 AM
    Sounds like a great positive move with Patton Boggs

    I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.

    Even the president can't guarantee that the bill will be passed.

    We can give our best shot and hope for the best.

    Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.



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  • sweet_jungle
    08-21 12:09 PM
    I have not even used my EAD. I expect it to be related to Birth certificate as i didn't have original and submitted affidavit etc. But not sure may be something else too.

    My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.

    Just guessing as that's the only thing i can do now.

    One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.

    what about biometrics? Did you have the issue of biometrics not being attached to file like most other nsc_csc_nsc people?





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  • psaxena
    07-07 12:43 PM
    Shy to forums

    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)



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  • humdesi
    09-13 08:14 PM
    my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...


    I agree with techy. Indians (and other immigrant gorups) don't try to mix with Americans. I've seen this everywhere - from California to Boston. In most companies indians will go out for lunch/parties/whatever together. You'll see them in corridors shouting in hindi/telugu, not caring two hoots that there are people who cannot understand anything other than English. Most of the times their managers are indians too, and guess who they recruit for a new job opening..
    Occasionally they'll take in one or two American who's probably feeling like a foreigner in his own country. No wonder americans don't care too much about immigrants. If there's one thing all of us can do - try to assimilate in the country we're trying to call home.





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  • vss
    09-23 12:18 PM
    Hello folks,
    We are left with 5 or 6 working days this month (and this year). Is anybody expecting last minute 485 approvals in this 5 or 6 days? Any unused visas in all categories should be used in coming few days. Let�s see what USCIS going to do with these unused visas. Some people are getting soft LUD�s on their 485�s in last few days, including me.

    Let�s hope for the best

    Thanks



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  • sreedhar
    11-09 12:57 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.

    Thanks

    Yogs.



    Sorry to hear...is your I-140 EB3 or EB2...If its EB2 then 4 of my friend got same results.





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  • mbartosik
    02-20 07:21 PM
    As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
    EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.

    If that is the case, we can all think of a few reasons why that might be.



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  • msyedy
    12-13 11:30 AM
    CIR agenda in 100 hours not days..........





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  • punjabi77
    08-18 12:36 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..



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  • tuhin
    03-28 08:14 PM
    You guys talk as if we propose and they accept. get back to realty, please.

    After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

    You are talking about a radical chnage in GC.

    Get real. Get real. Let us get out of this child like proposals.

    Obviously the efforts of us, IV and QGA have not been sufficient. I am not
    in the least balming anyone. I for one feel IV has done exemplary work.

    But the critical question is do we need to do anything different ?

    Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
    apathy and seeming ignorance to our issue on the part of senators. After all
    our efforts. What went wrong ?

    Core IV members please share your frank thoughts.


    This is harsh but true. How can we make ourselves heard? Even the corporate world is pushing for higher H1 limits. Do they care about our I-485? No! In fact if you look at it, they are better off with us stuck in H1 and waiting for our EAD. This is not my assumption, but is based on an informal discussion with one of my dept. heads. We don't think we, the legal immigrants, can go out in a half a million strong rally. Can we? what options do we have now? I do remember how the favorable clauses were just trashed away, way back in jan'06.





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  • clockwork
    07-06 10:53 AM
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:



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  • karthiknv143
    07-09 04:03 PM
    ^^^





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  • manusingh
    12-23 05:28 PM
    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    can you share your exp. about using AP than get H-1b extension and again using of AP. how did it go.

    regards



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  • gopikrishnayr
    09-07 10:03 AM
    Thanks for the advices. I was more worried about any negative issues on my current 485 if I block the payment on my second set of checks. I think USCIS also will be fined if the checks bounce. I called customer support and they told me that the money would not be refundable but you can withdraw your application by writing a letter.

    If I do not block my checks my worry is that it might create duplicate cases.

    Yes in my second set of application I did mention the reason why I am filing the second time

    Hopefully their system will block the entry of my application





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  • WeShallOvercome
    11-13 04:55 PM
    USCIS has accepted my application and we received the receipts today. Thanks to USCIS. They are being lenient.

    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now





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  • lazycis
    12-29 09:36 AM
    It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
    So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.





    kevinkris
    08-16 02:32 PM
    I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
    Not sure how long it will take.


    If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:

    huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..

    Thanks for your answers. Really appreciated





    nish17
    06-20 02:41 PM
    Is copy of approved I140 required for filing ?
    Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.

    I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.



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