Monday, June 27, 2011

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  • sunny1000
    11-14 01:24 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.




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  • mrane1
    09-27 05:48 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.

    Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...




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  • rb_248
    03-30 10:54 AM
    Try making a baby and see if it works.




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  • arihant
    06-22 01:17 PM
    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?

    I like your Logic. :D



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  • GC_1000Watt
    01-24 09:05 PM
    Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.

    USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.

    1. If my employer is filing new H1 application why i should go with premium processing? why not regular.

    2. Am i out of status now?.

    3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.

    Thanks in advance.


    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.




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  • kaisersose
    12-07 11:54 AM
    EB1 is typically for Phds with solid publications behind their belts.

    In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

    There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

    complete education at age 22 and join company x as a software engineer
    get promoted to Project manager at age 27 (5 years later)
    come to the US at age 28 ( a year later)
    apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
    get GC at age 29

    you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!



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  • Sri_
    02-27 02:31 PM
    Hello,
    I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

    FYI. I am also in similar situation. Applied on 07/02. I haven't received 485, EAD & AP receipts until now, though I have received FP Notice, EAD & AP Approval. I have called USCIS and made them create Service Request for which I didnot receive response even after 120 days. I took infopass appointment and the officer said that they have sent the receipt notice's in Sep' 07 and were not delivered back. But, me or my attorney haven't received receipts until now.

    Sri_




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  • RNGC
    11-25 03:03 PM
    You are doing great...Please keep up the good work...

    also, add item 6 to our wish list..

    6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.



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  • dngoyal
    07-27 02:12 PM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.




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  • indianabacklog
    11-10 04:04 PM
    You can volunteer in a role that is always undertaken by individuals who are volunteers, such as in a hospital setting. In reality if you are volunteering for a for profit they are really getting unpaid assistance which technically should be done by an employee.

    If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.

    I do have this information from a lawyer incidentally as this question arose in our family.



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  • eb3_nepa
    07-29 06:46 PM
    CHC speaks only for illegals...
    they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.

    They will never come onboard for legals..we have to fight our own battle.

    So individual constituents on this forums can have personal views..

    Yes, but we do not represent the CHC, nor are we in any way affiliated to them.

    Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.




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  • immigrationvoice1
    10-02 01:28 PM
    Hello Gurus,

    If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?

    Thanks in advance for your replies.
    /



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  • tikka
    06-22 09:39 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks


    Your chest xray was negative so you are fine.
    To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.

    You need him to sign off on the results.




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  • krishna_brc
    05-30 07:11 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:



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  • ujjvalkoul
    01-18 11:19 AM
    Mine was at Texas Service Center.
    I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.




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  • phillyag
    07-20 04:37 PM
    My 6 yrs are getting over in Jan 2008.
    1. Can I apply for H1 extension request for 3 yrs instead of EAD?
    2. Or with EAD?


    Excuse me but I am a novice here.



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  • sparky_jones
    02-03 12:36 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.




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  • LostInGCProcess
    05-19 02:40 PM
    Reading all the posts, it appears there is a systemic problem with the Indian IT firms.
    As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.

    PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.




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  • Krilnon
    03-04 11:06 PM
    I don't understand why anyone would want to let Kirupa have any control over this site.




    SAP
    04-07 03:36 PM
    Folks,
    can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?

    Future GC labor PD : Dec 2002
    Category: EB3.
    I140 : approved 2004
    I485: RFE on expired medicals; new medicals submitted.
    EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)

    Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
    your postive comments and if you have been in this situation pls tell me how you managed.

    Thanks
    SAP




    Ann Ruben
    05-15 04:38 PM
    no worries. my response should have been more precise.



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