Tuesday, June 7, 2011

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  • perm2gc
    11-05 02:31 AM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,


    pan123

    You cannot apply for transfer your present H1 to new employer...The kind of documentation required will not available with you at this time..so filing for a new H1 is very good option...

    Good Luck !!!





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  • vine93
    05-08 07:58 PM
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    Read this line

    Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    I posted this earlier, Admin has deleted my post.


    hiya





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  • synergy
    12-11 01:15 PM
    I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.





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  • bah9422
    10-17 08:20 PM
    you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.



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  • joshNJ
    06-29 12:06 PM
    if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?

    thanks





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  • sprobir
    09-23 12:19 AM
    I would be willing to join your chapter too - good we are doing something in Oklahoma. I will email you at raydhan@hotmail.com



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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters





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  • krishnam70
    11-20 04:26 PM
    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.

    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris



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  • va_217
    12-31 12:50 PM
    Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)

    If I am in your position, i will not this type of chances.

    how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
    Please correct me if I am wrong





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  • bestia
    07-19 12:18 PM
    Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.

    I read in another forum that 90-day count starts from the received date.

    I am not sure though!

    Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.



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  • eager_immi
    02-12 10:51 PM
    it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.





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  • qasleuth
    05-06 12:51 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?



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  • crazyghoda
    01-15 11:19 AM
    No one cares how you exit. A lesser known fact is that most Mexicans who are here illegally catch a regular commercial flight when they visit their homes in Mexico.

    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.

    Regards,

    Ravi





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  • pbojja
    10-13 10:54 AM
    I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
    My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
    Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
    Anybody with similar experience?
    How do I get this corrected?
    My category is EB2 India.

    I m in similar situation , even though we did not specify about the pending 485when filing second 140, they assigned the A number to the newly approved 140 , which is my current priority date . If you look at your recently approved 140 you will see the A number same as on your 485 .

    My lawyer send a request 1 month back to fix my PD but no response yet.



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  • she81
    06-30 01:42 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.

    You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.





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  • eb3retro
    03-11 11:59 PM
    No probs, we owe as much for all the hours you have put in with the EB number analysis.

    But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.


    check this out from www.immigration-law.com website.

    03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?

    * All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
    * We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.

    =======================

    all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.

    my 2 cents..



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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?





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  • mallu
    10-22 11:14 PM
    .





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  • panduputhran
    07-27 03:50 PM
    I see 2 sets of people in this forum. One who has recent priority date (2005-2007) and they want to process I-485 by receipt date and another set who has much older PD, they want I-485s processed by priority date.

    Guys, this is awkward.. There is no point in keep fighting and speculating..we will wait and see





    snathan
    02-22 10:57 PM
    Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.

    Technically No. But you never know what USCIS will ask for





    nvodela
    09-29 02:31 AM
    Check your private message



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