Thursday, June 9, 2011

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  • tnite
    06-27 11:22 AM
    Is this information true?

    My 140 is pending and I don't have the A#. Can I use that from my OPT card?


    yes. use the A# found on your OPT EAD




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  • insbaby
    07-17 08:02 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.

    This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.


    Has anyone been throught the same or similar situation ?


    This is my third employer and third GC attempt in the 11yrs I have been in this country.

    Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.

    You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.

    If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.

    On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.

    It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.

    So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:




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  • somegchuh
    01-28 06:59 PM
    This question is specific to Indian nationals with children born in US.

    Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?




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  • Alabama04
    12-12 11:43 AM
    I am in Birmingham. Count me in.



    PD: Jan 04 EB3/RIR/PBEC/AL
    Labor: March 07
    I-140: April 19, 07 (Regular)
    I-485: June 27,07
    Finger Printing: Aug 3,07
    AP: Sept 07
    RFE: Oct 10,07
    GC: Still waiting:(



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  • reverendflash
    10-21 01:53 AM
    they weren't my designs... I made their designs work... :P :P

    I'm still learning on the digital design front. All of my composition training comes from photography... :P

    Rev:elderly:




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  • hariswaminathan
    01-21 07:15 PM
    If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.

    beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.

    that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.

    Can soneone help me with this question.....please....

    My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
    I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

    Thanks in advance!



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  • makemygc
    08-03 10:58 PM
    Here is the link.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.

    August, 2007


    USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
    08/02/2007

    Fact Sheet: Naturalization Through Military Service (44KB PDF)
    08/01/2007


    Never mind...it must be something wierd in my machine.




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  • Abhinaym
    01-31 01:27 PM
    I found this link:

    Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/query/z?c112:S.6.IS:)

    (Abhi_Jais, the link u pasted wasn't working for me.)



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  • Templarian
    11-11 12:48 PM
    Where are the winners posted? It's already 11th !
    Remember the time zones. The contested only ended 7 hours ago (think I did that math right).

    Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.




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  • whoever
    07-19 10:38 AM
    please, someone reply.



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  • somegchuh
    05-24 03:46 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?
    6. With AC 21 gone will you be able to join new employer based on H1 receipt?




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  • acecupid
    06-09 12:30 PM
    Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

    1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?


    2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

    Please help. Thanks a lot.

    1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
    If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
    You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx

    2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.



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  • gclabor07
    11-05 09:55 AM
    What an inspiring story. Our GC journey feels pale in comparison to the plight of poor, sick, and mentally ill people face in India.




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  • kaisersose
    07-11 06:09 PM
    As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

    To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.



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  • leo2606
    08-04 08:47 PM
    If I were you, I will pay additional $1,000 to USCIS for getting me out of GC mess.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,


    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;




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  • GC Struggle
    03-10 11:02 AM
    Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

    Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

    First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

    Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    No idea on this..

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months



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  • goosetavo
    01-31 12:14 AM
    By jumping ahead with high-skilled immigrants of course! =D

    Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.




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  • pasagc
    07-31 07:35 PM
    Sorry for my previous unfinished post....:)

    I am going to file my EAD by myself. My lawyer filed my I-485/AP on 11th July. She also gave me the Ups delivery document. Now I have the following q. regard to that.

    1. What will be the filling fee for applying EAD now?
    2. Since I am filling with the delivery document and not wait till I get the receipt notice for I-485. Is there any negative side with it?


    Please put some expert light on this urgent matter.

    ��������������..
    One time contribution to IV: $100




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  • sammyb
    03-14 09:19 PM
    check here (http://www.irs.gov/newsroom/article/0,,id=177937,00.html) for all details on tax rebate plan ...

    $600 for individual. $1200 for joint filing (hus & wife), and $600 for each dependent (child). Don't know if parents (dependents) are included.

    also there is a ceiling in AGI.
    Single - <75K;
    Joint - <150K

    but the amount gradually decreases as your AGI reaches the ceiling : (

    I just got the IRS letter with the info yesterday.




    vdlrao
    01-21 02:16 PM
    Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

    Thanks.




    cfan666666
    06-22 03:10 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?



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