Wednesday, June 8, 2011

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  • kokil
    05-17 09:26 AM
    I have my H1 B extension approved for 1 year after 6 years time frame, based on approved I140. Now there is another start up company is giving me full time job. So they will ask for at least 3 years of extension. What are the chances that I will get 3 years extension based on existing I140?


    -Jignesh





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  • gcdreamer05
    09-22 12:43 PM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.

    There are several forum threads explaining 6 months being the good-will time an employee should stick with, but if the company sends you out with proper relieving then it is not your fault.

    One suggestion would be to ask your mgmt to provide proper reasoning in your relieval so that you can find another job outside and shift.

    You have GC so you can do anything :)





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  • vvpandya
    11-06 01:55 PM
    I had a LUD on 10/18 and then today the online status says Document mailed to applicant..hope that is it...my recvd date is 7/2 and recpt date is 9/11





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  • hellomms
    05-27 03:29 PM
    Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.

    http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110



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  • ashoka
    09-26 02:27 PM
    Texcan,

    Thank you.





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  • phillyag
    07-18 03:07 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?



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  • lazycis
    01-11 01:12 PM
    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.

    Do it yourself, like I did. It will cost you $350+mailing expenses. You can find many victories on our forum. It works.
    http://boards.immigrationportal.com/showthread.php?t=194681&page=600

    Here is step by step guide
    http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps





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  • karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo


    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.



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  • subarashi_indo
    11-30 12:26 PM
    I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
    Here's the link that I was referring to...
    RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)

    What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
    Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.

    Thank you.





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  • shana04
    08-13 06:13 PM
    Just read a post on a different thread where a 2006 NSC case was cleared without NC

    Friends,

    Even I am stuck with Name Check and what is the approach to clear name check.

    Any help / suggestions, please advice.

    thanks in advance.

    Shana



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  • kumar1
    03-04 04:23 PM
    Bidi, I guess.
    By the way, what do you smoke?





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  • vxg
    08-15 01:24 PM
    I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
    I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
    ************************
    Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.

    If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.

    The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
    Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
    I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.

    Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
    ***********************************



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  • Gravitation
    01-02 01:00 PM
    On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).

    What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.





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  • lyiu18
    02-23 08:10 AM
    good to know, thx.



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  • wenxue
    08-13 10:03 AM
    I am Chinese. I am bad dancer. But I like the music and the spirit in this thread. Bring it on, ha ha.





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  • msvnkk
    03-03 10:14 AM
    Hi I have a question in regard renewal of my expired passport can anyone help me in this regard please.
    my question is if my permanenet address in india is changed. can we keep new permanent address in india. and do we need to submit any documents in regard of new address if so what might be



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  • snathan
    05-24 04:01 PM
    Please work with hellomms and provide all the information to him to proceed further.





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  • sreekanth
    10-02 11:36 AM
    This article is old (Dt:06-Sep-06) but has correctly predicted about SKILL bill going to lame-duck session.
    It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
    Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
    http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648


    Regards,
    Sreekanth





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  • desigc
    12-22 05:03 PM
    Contributed $100 to IV.
    Reciept #87H393384E9981342
    Gaz

    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?





    meridiani.planum
    11-26 01:21 PM
    Perhaps I am missing something. I thought you could get an extension beyond six years only if:
    1. Your labor was pending for more than 360 days OR
    2. Your I-140 was approved

    I did not know that you could get an extension if:
    Your labor was approved and your I-140 was still pending.

    My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.

    you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.

    USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.





    gcformeornot
    06-30 10:29 AM
    bumping up:mad:



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