Saturday, June 18, 2011

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  • paskal
    02-22 06:57 PM
    .. yet there is still lot of frustration that India is not getting enough Visa .. :rolleyes:

    a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.





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  • gotgc?
    09-16 06:13 PM
    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • monkeyman
    01-29 05:50 PM
    Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
    Date of intended Departure: As soon as possible
    Expected length of stay: Less than 5 months

    That is what I had filled out.

    The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.

    You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.

    As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.





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  • nousername
    04-29 09:55 PM
    Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?

    Anyway, if I understand your question correctly then here is the answer:
    1. Look for a new job
    2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
    3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).

    As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.

    Thanks you very much for your reply.

    I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:

    If any company interest to transfer my H1B, how it will work for me ?



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  • jchan
    10-18 01:04 PM
    I have the exact question with duttasurajit -- my title for green card is computer information system manager, and I'd like to take a job for technical lead / architect. The job duties are very similar. Will that cause a problem?

    btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search Dice.com, hardly any position come out with this title.

    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?





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  • lostinbeta
    10-16 01:00 PM
    It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.

    They might have it in Photoshop 6, not sure.



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  • WaitingForMyGC
    02-24 04:19 PM
    Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.

    Dude, Are you planning to marry an american citizen? :-)

    Just kidding..





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  • Mount Soche
    04-07 05:04 PM
    I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
    I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
    I am not worrying about it at all.


    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help



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  • logiclife
    12-15 10:39 AM
    This is actually good. this means that the company will not meddle in H1B and your papers and do whatever the lawyer says should be done.

    That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.

    It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
    Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.





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  • rockstart
    05-05 10:14 AM
    I agree with your lawyers statement. She will not be counted against the quota because she already has H1. Also I would recommend premium processing when she gets a job.


    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)



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  • REQUIRE_GC
    10-16 12:32 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(

    I have Fp done on 13th OCT. LUD on CASE STATUS on OCT 15, OCT 16.
    I had two fingers matched. I dontknow if it is normal





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  • crazyghoda
    03-25 03:43 PM
    "There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."

    Got it in with 1 character to spare :D

    Please vote on this guys!!



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  • GC_1000Watt
    05-21 01:25 AM
    Get HDFC receipt
    Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
    2 days after the receipt was issued, take appointment (online).
    Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
    Appear for interview

    You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.


    Thanks krish for the detailed answer. Btw when Ds 156 and 157 will come into play?
    Can you also share your mumbai consulate experience if you were there recently?
    Thanks dude!





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  • ramaonline
    10-15 03:01 PM
    Per murthy.com:
    h1 status ends when you start using ead for the current or new part-time/full time job. You can switch to ead for the current job and also work part time

    Please confirm this with an immig attny - there is lot of confusion regarding this.



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  • tnite
    07-19 09:53 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



    If your friend filed as a resident then it doesnt matter . IRS lets tax payers who file as residents take deductions like hope credit, life time learning credit .





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  • prince_waiting
    12-12 02:28 PM
    I am in.....No complaints about that......



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  • gauravsh
    04-28 06:52 PM
    Thanks for the info.

    Are you presently working?

    J Thomas

    yes, I am a permanent employee of a US based company since june 2006.





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  • nviren
    10-30 12:14 PM
    Hi,

    On my and my wife's AP cases, we got an update today. It says on 10/30 USCIS mailed the documents to applicant.

    I take that as approved. I guess the AP docs go to attorney's office, correct?

    Thanks





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  • CrazyWorld
    08-04 05:58 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;





    Dhundhun
    11-21 05:27 PM
    While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
    I-94 from from it.

    The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.





    ysiad
    08-10 11:31 PM
    One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
    Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?

    Thanks.



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