Friday, June 10, 2011

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  • chintals
    09-03 01:33 PM
    How did you do that? can you please provide info?

    The phone number to call and would they need any information from me?

    1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
    2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.

    Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.




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  • GotGC??
    01-02 03:30 PM
    Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.

    But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.

    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..




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  • cox
    October 28th, 2005, 08:59 AM
    A last shot. I liked this one, as did the client.


    http://www.dphoto.us/forumphotos/data/933/rose_solitaire_C_102705_JP8X5652.jpg




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  • abhisam
    01-08 11:37 AM
    I got it in a week, I got it from SF Consulate.

    wow..that was fast. did you go there personally? I am in Los Angeles and mailed it to the SFO office in December. No news yet.



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  • gc_chahiye
    10-31 03:22 AM
    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.

    H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.

    See http://www.murthy.com/chatlogs/chat0106_P.html
    Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?

    Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.




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  • jvs
    03-02 06:36 PM
    Regarding "New Scenario - Seeking second opinion"

    Couple of things to consider...
    1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.

    2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.

    If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.



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  • cram
    09-21 10:21 PM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?




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  • genius
    11-20 09:18 PM
    Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.

    See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories



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  • Templarian
    11-25 01:17 AM
    Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:

    Also, good to see people like Stargate and get that reference.




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  • eyeopeners05@yahoo.com
    06-02 01:36 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?



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  • sanjayc
    10-15 02:49 PM
    I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.




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  • leo2606
    04-12 02:20 PM
    A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.

    Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.



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  • sieger007
    05-17 11:20 PM
    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam




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  • same_old_guy
    02-23 02:01 PM
    Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !



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  • JeffDG
    01-26 03:28 PM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    EB1A/EB1B/EB2NIW still consume visa numbers.




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  • mita
    12-05 11:36 AM
    I was waiting for someone to spit venom at timesofindia but did not happen till today.
    By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
    Please do not post news from timesofindia.com over here! This is not a mirror image site of TOI. Besides, timesofindia.com is good for nothing anyway.

    They put H1-B/Green Card rumors left and right on the front page. It is propaganda to get more hits and that is where it ends. Thank you.



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  • sbdol
    08-01 10:56 PM
    ...
    My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.

    For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.


    Just MY 2Cents

    2008 quota can never be used in 2007.




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  • surabhi
    04-08 05:24 AM
    This is serious and could affect quite a few.

    Summary: you could be affected if ALL of the folllowing is true

    1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
    2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
    3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

    Remember you are affected even though you are the original beneficiary.

    How did this case happen?

    This happend because USCIS not following LIFO processing

    1. The original applicat applied labor in April 2001
    2. Labor approved in Jan 2002
    3. Original applicant applied I-140 in April 2002
    4. i-140 approved in July 2002
    5. Original applicant applies for I-485 in Dec 2002

    In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

    Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

    The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

    So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

    Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

    I feel for the original applicant. She played by rules all along, but got screwed anyway

    Now you can see the chances of your case being caught in similar circumstrances

    1. You are EB3, India/China with PD around 2002/2003
    2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
    3. You left your original employer before July 2007
    4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
    5. that other person also filed for I-1485
    6. Now its a timebomb waiting to explode




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  • ramci
    09-17 12:11 AM
    All,

    Please let me know your suggestion based on your experience.

    H1B Details
    H1B Entry in USA: 25-Mar-2007
    Applied for Extension: 16 Dec 2008
    RFE Received: April 2009
    RFE Responded: May 2009
    Denial Notice in USCIS Online System: 14-Sep-2009
    VISA & I-94 Expired: 25-May-2009

    Clarifications

    1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.

    2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?

    4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?




    raysaikat
    04-08 10:39 PM
    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.


    He can by using so-called concurrent H-1B's. There is an option in I-129 (Q. 2.d) to indicate that the new H-1B is concurrent.




    willgetgc2005
    05-13 11:35 AM
    All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process.

    Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.

    __________________________________________________ _________




    Does anyone have access to this article :
    http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
    It looks like favoring us ....



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