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  • knowDOL
    06-20 07:14 AM
    I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.





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  • RNGC
    04-07 08:21 PM
    Here's another parallel Idea.

    Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.

    By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.

    The reason we should meet the current President is that he has nothing to loose...he may show some sympathy on us....Though the prospective candidates will support us, they cannot show their full support in public till elections are over and they settle down...sometime end of 2009!





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  • amitga
    08-27 01:22 PM
    Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

    BTW: It's a nice big and open facility!

    How long you had to wait?
    Where is the office located in Detroit?





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  • diptam
    08-14 03:58 PM
    This is going crazy - If your Receipt doesn't comes in another 3-4 weeks will you Diefard fans of Robin Williams planning to visit him or send him flowers ??

    We all are going nuts beyond limit - I'm not excluding myself :D

    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending



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  • nayekal
    02-17 11:29 AM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.


    Can you please share your experience.

    Thanks....

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

    Good Luck.





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  • transpass
    09-12 10:08 AM
    I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
    I am planning to send the results tomorrow overnite.
    Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?

    If you don't mind sharing, what is the date on the RFE letter?



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  • gimme Green!!
    08-04 01:22 PM
    Sure - this forum is filled with apps pending Labor.

    EB2 RIR July 2004

    The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

    Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

    100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

    "How NOT to get the work done in 5 years?"

    B T W Does these places have any guys who are struck with their labor?





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  • immihelp1
    09-28 09:12 PM
    Any one can share their experience about FP at newark ASC?

    Thanks in advance



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  • waitin_toolong
    10-23 05:40 PM
    it looks like you have been distracted lately and not following USCIS updates.

    first Ap and EAD have nothing to do with each other and USCIS has stated that they are working hard to get EADs out as the law requires them too. Some people get their EADs a day or two before their receipts.

    The priority is issuing EAD and USCIS ha been working hard at it, so dont fret





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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).



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  • sircaustic
    07-24 09:15 AM
    ???





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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.





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  • retrohatao
    07-17 04:08 PM
    Thanks to all.
    modvik,
    Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.



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  • eb3retro
    04-14 08:13 AM
    Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.

    But I am not sure if this is true or she is being over assuring.

    Thanks a lot

    Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!





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  • daily jobs
    02-11 06:07 AM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.:eek:



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  • VivekAhuja
    08-21 06:28 PM
    You can work as many hours as you like when on H1B. The only requirement is that you work for the SAME EMPLOYER that sponsored your H1B.

    Letter for parents to come if required only when getting visa at the consulate (addresses to Consular Gen.). Nothing is needed at Port Of Entry. They are Immigration Officers at POE, but the only questions they will ask is where will they stay? What is your name? where you work? etc. Simple Qs.





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  • xgoogle
    07-20 11:27 AM
    We applied for her AP renewal on July 1st 2009 and on the status page, it says approval notice sent on July 16th. At the same time I also see a soft LUD on her I-485. The new date is 07/15/2009 but no status update. Are these two events connected or is someone actually looking at her I-485? Note, she is not current per priority date, however Texas processing times have been updated recently.

    Any comments?





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  • gemini23
    07-31 04:44 PM
    dont worry thats normal. when i was in florida, i always got a temp licence valid for 4 weeks. and then the actual renewed licence arrived within 3 weeks in mail .
    :)





    dreamworld
    11-07 12:44 PM
    Thank you everyone for the responses.

    Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.

    masti_Gai is right...

    Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.





    seaken75
    07-18 12:55 AM
    What kind of RFE besides the letter from the OBG doctor?


    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be



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