Friday, June 10, 2011

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  • smitin_2000
    03-04 08:29 PM
    congrates buddy, ur loooooooooong wait come to a happy end by being greened, best of luck for moving forward :D




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  • sukant71
    02-12 08:15 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years




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  • desi3933
    02-23 11:44 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani :)

    a) Your H1 will be exempt from quota.
    b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
    c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.

    ______________________
    Not a legal advice.
    US citizen of Indian origin




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  • puskeygadha
    01-13 03:29 PM
    oaktree

    I am live example..
    my perm was denied..and we filed MTR which has not gone through yet
    then my company filed another perm but for a different position and
    description..that got approved..

    i extened H1 with MTR but lost my priority date..which does not matter to me
    since i am EB2 and Rest of the world...just incase my MTR gets accepted
    i can use that PD



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  • gauravsh
    02-26 12:53 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==




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  • gcdesirer
    10-13 11:56 AM
    This October itself?



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  • anilsal
    01-20 01:59 PM
    everyone is excited about the new look. But not fun to see so many threads on the same. Maybe we can use one thread. :)

    It is a free country. You can do as you wish. ;)




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  • bp333
    10-29 04:31 PM
    Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.


    They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.



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  • razors_edge
    09-06 12:51 PM
    It is true. You can start working with new employer from the very next day, after they file H1B transfer application. i.e. you don't have to wait for the receipt.




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  • JunRN
    12-17 07:37 PM
    It your decision and must get a good lawyer. If I were you, I will file AC21.



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  • genscn
    07-30 01:34 PM
    My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?

    Thanks for clarifying/
    I believe my 140 was sent to Texas.
    No , I dont work for CTS.




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  • veni001
    11-05 09:27 AM
    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

    You need to consider two scenarios here...

    First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.

    In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)

    Second: Approved I-140 revoked by USCIS due to Fraud

    In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.

    Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.

    If the PERM labor expires then you can not use that to get 1 year extension
    If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p



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  • cliffmacnab
    04-17 08:14 PM
    the problem is if it works




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  • sandyn16
    02-25 11:44 AM
    You need to have a SSN or ITIN



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  • lj_rr
    07-30 10:55 AM
    Any response?

    This is what the FAQ says

    "Q5: Where should employment-based adjustment applications be filed?
    A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."

    Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
    This is what is confusing me.




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  • zerosine
    06-25 02:59 PM
    Thank you all for your responses.

    Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?

    Shatunup, what's a CIR? I'm intrigued....

    I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.

    I have a new passport but without the visa and entry stamp it doesn't really help!

    Thanks again - by the way I'm a she :o



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  • gcformeornot
    06-30 10:35 AM
    ...:mad:




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  • Ann Ruben
    07-12 02:24 PM
    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann




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  • davestar
    09-04 04:48 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.




    beautifulMind
    07-17 10:30 AM
    Anyone else facing the same problem




    eastindia
    07-29 11:01 AM
    Why did you use a sub labor? Is it the same employer you are working with now? Is the employer blacklisted? This answer may throw some light on your denial.



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