Sunday, June 12, 2011

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  • abc
    06-03 12:48 PM
    What happens if the current company withdraws the labour after you have moved to the new company.

    Is your h1b 8th year extn invalid..





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  • kittu07in
    09-24 09:59 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...





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  • Shaded Contour Map Of The



  • nifedge
    04-23 10:01 AM
    Hello!

    I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.

    As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).

    So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).

    One line answer: Your wife should switch to EAD right before her I-94 expires.

    My obvious advice is to consult a lawyer.

    Anyone on the forum, if you think what I said is wrong, please correct me.





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  • diptam
    07-09 01:23 PM
    Respected Sir,
    I feel compelled to say that we the struggling immigrants from India
    do not get much help from Americans whose roots are from SouthAsia/India.
    There may be few exceptions - but the majority is kind of neutral.

    Look at the Latino peoples - check out how much support they gets from Latino-Americans. Without that we can't be on Front page .

    I'm not pessismistic but a its a grim reality.

    Those southasian americans dont forget to say "I love my India" for various financial/personal gains but never ever mistakes saying "I love indians also"

    Thanks

    Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.

    What we can do

    MAAKE IT AS VISIBLE AS POSSIBLE



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  • gc_kaavaali
    07-27 07:17 PM
    When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.

    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?





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  • desi chala usa
    07-08 03:04 PM
    Congratulations!!!

    My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.



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  • dixie
    11-28 11:51 AM
    Its just like how introducing the PERM system sped up labor certification, but increased retrogression several times. Guess we have to learn from that. FBI name checks are already taking 2+ years, you can imagine what will happen if all the retrogressed PDs become current overnight.





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  • dealsnet
    10-23 01:52 PM
    These people have a big microsoft word file with some information. Take your $1000 and will do 'find and replace' option in the WORD to change into your name. You may think you have a ton of info to support your case. Everyone doing with them will have the same file (only name is changed).
    Now USCIS knows this, and will be doomed.

    Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.



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  • h1bnogc
    08-29 09:12 AM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.

    Immigstories:
    Could you please share your experience at POE? many many thanks





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  • nb_des
    08-04 02:33 PM
    Looks like they got some award

    http://www.exceedcorporation.com/news.htm



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  • NO_Free_Rider
    09-14 12:47 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.





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  • insight08
    01-15 11:08 AM
    Lazycis,

    I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?

    Thanks.



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  • laborpains
    12-09 03:35 PM
    At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.

    Happy holidays

    ~dask:confused:
    EB-3-I
    PD:Jan 31st 2002

    Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.





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  • ivar
    09-09 12:16 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?



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  • das0
    06-22 09:30 AM
    [QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.





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  • nepaliboy
    05-25 12:58 PM
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
    :mad:

    i am wondering do you have LUd for i-485 or i-131 or i-140 ?



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  • willwin
    03-16 02:06 PM
    Bump... please, if anyone got PW for greencard labor through the new process... how long it took??

    Anyone?

    Mine was filed 1st week of Jan and still waiting .....





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  • Picasa
    08-13 08:01 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.

    How this is releated to our cause?:confused:





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  • yabadaba
    06-30 04:09 PM
    the other thing about ombudsman replying to emails..i wouldd have written to him.. but neither do i have a "technical issue" problem...nor do i have an established line of communication open with thee ombudsman's office...so i m just trying to get some info from gautam who seemed to have that.





    gee_see
    04-15 10:16 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).





    manand24
    08-03 12:20 PM
    After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

    On this status you have 2 options to be able to work:
    1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
    Please note that if you use EAD, you HAVE TO use AP for travel.

    2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

    You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.


    Good luck

    From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.



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