Monday, June 13, 2011

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  • sravani
    05-15 01:29 PM
    Thanks...is your 140 in NSC or TSC ?

    NSC




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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.




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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.




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  • mhathi
    03-19 12:57 PM
    PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.

    This is my understanding.



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  • roseball
    08-07 11:10 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M


    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......




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  • rkrishna123
    10-17 03:10 PM
    Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time



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  • sameer2730
    11-15 12:52 PM
    You can travel back to USA from CANADA or MEXICO if you have a expired I-94 and a h1B which is valid while you are travelling (Its called Automatic Revalidation) if you are returning within 30 days and have not left the above mentioned countries during that period . I did it. Please do not give over your I-94 at the border or airport if asked. Let them you are returning in 30 days. However make sure you have copies of all your previous H1b and spouses H4b if any. My wife had converted from H4 to H1 3 years ago but has changed a job since. The customs officer at the border wanted to see her previous H1b.

    Also you can take an appointment in BAHAMAS. I know a lot of people who got stamps from there. I think but am not sure , you do not need a visitor VISA to bahamas if you are a candian permanant resident.

    About the Automatic Visa revalidation mentioned in the first paragragh its very clear and well known law. So 99.99% nothing will go wrong. Just try to travel by road (I have heard airport customs officers are not that familiar). Also travel along a busy border like Rainbow bridge . They know the law more in such places.




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  • glosrfc
    12-11 10:22 AM
    Well done Temp (and the other two guys)



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  • kminkeller
    03-09 01:08 PM
    Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.

    BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.

    Anyone has any insight to this matter.

    Thanks.




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  • zCool
    01-30 01:41 PM
    Sent email to all the ones below..
    Use following list!

    editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
    smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
    Chronicle4@aol.com,mdnletters@mdn.net,editor@milan news.com ,mtrecept@ht.comecomm.net,tom@monroenews.com,tcyou ng@nemichigan.com,scoon@michigannewspapers.com,mun isingnews@jamadots.com,gcarlson@muskegonchronicle. com,donna@voicenews.com,jan.griffey@leaderpub.com, daguilar@gannett.com,cstone@ht.homecomm.net,neil.m unro@oakpress.com,editor@oceanaheraldjournal.com,e ditor@ontonagonherald.com,editor1@oscodapress.com, ksmith@oe.homecomm.net,kwint@petoskeynews.com,bkad rich@hometownlife.com,tdwalker@gannett.com,Editor@ piadvance.com,dvarga@hometownlife.com,frontdesk@bi rchrivergroup.com,gwinkelman@hometownlife.com,news @romeoobserver.com,editor@dailytribune.com,kmartin @mn.homecomm.net,letters@thesaginawnews.com,editor @stignacenews.com,editor@salinereporter.com,publis her@allegannews.com,editor@sooeveningnews,sblack@h t.homecomm.net,
    wpeal@hometownlife.com,editor@thenewsherald.com ,letters@heraldpalladium.com,newsroom@sturgisjourn al.com,editor@tecumsehherald.com,edit@upnorthpub.c om,letters@record-eagle.com,news@tctimes.com,sarmbruster@hometownlif e.com,editor@troy-somersetgazette.com,joe.warner@advisorsource.com,v ptimes@sbcglobal.net,news@thescngroup.com.,news@tr icityrecord.com,letterstotheeditor@advancenewspape rs.com,lruehlen@hometownlife.com,smason@hometownli fe.com,editor@whitelakebeacon.net,editor@ypsilanti courier.com



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  • txh1b
    04-20 10:50 AM
    Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.




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  • nixstor
    04-13 06:30 PM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav

    If you decide to reply, tell the truth.

    Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.



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  • das0
    04-08 10:11 AM
    Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

    If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

    Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.




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  • clear485
    06-08 01:53 PM
    I did think about doing it this way, but it didn't feel the "right thing to do"...

    I spoke to my lawyer on what to do , but I'm not getting a straight answer.

    Do you guys recommend a lawyer that would be able to help?

    I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?

    I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...

    My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....



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  • smartboy75
    09-22 11:11 PM
    09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases

    If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
    Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
    OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
    Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
    Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.

    Source: www.immigration-law.com




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  • gondalguru
    07-08 10:47 PM
    i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
    my attorney does a lot of this stuff, you can get a free consultation.
    pm me if interested.

    btw it;s a good question for iv-physicians, are you part of that group? see my signature.

    I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.

    I will pm you regarding NIW thing



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  • chanduv23
    11-20 12:25 PM
    This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.

    Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.

    I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.

    only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..

    Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them




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  • priti8888
    10-01 01:03 PM
    This is how PD and RD work.
    ASSUME ALL ARE EB3

    Mr. A PD JULY 2004 RD MARCH 2005(1)
    Mr B PD FEB 2004 RD DECEMBER 2005 (2)
    MR C PD JAN 2003 RD JANAURY 2006 (3)

    USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
    IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
    If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
    If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
    If visa bulletin date is August 2004 "Mr A would get GC first"

    In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.




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  • kirupa
    03-23 03:33 AM
    Hi SandeR2!
    Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)

    Cheers!
    Kirupa




    chanduv23
    06-12 11:31 AM
    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds

    I was born in Oct too :) :)




    yabadaba
    06-22 10:05 AM
    To Hemasar

    No- You better get you act straight.

    Your post heading said "TB skin test is not mandatry"

    So that implies it is not required. also the correct spelling is mandatory.

    The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.

    http://www.murthy.com/news/n_tbtest.html

    Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.



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