Monday, June 13, 2011

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  • indianindian2006
    08-28 02:06 PM
    Link not working.

    Here is what he wrote and later removed his posting....

    Originally Posted by venkat80
    FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released

    Originally Posted by venkat80
    It is internal mail.




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  • uslegals
    10-18 04:25 PM
    Check with the attorney who has filed for 140. I guess the norm is that attorney also get RN and approval copies.




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  • hojo
    09-09 08:50 PM
    wouldn't importing a png into flash throw the file size way up there?




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  • rk3817
    11-29 10:29 AM
    Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.

    Thanks



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  • franklin
    05-31 10:46 AM
    Great news!

    But to answer the question posed - how do we get more of the affected retrogressed people involved. I suspect it will take "casting a wider net" and getting people from different countries.




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  • USDream2Dust
    04-16 03:21 PM
    I was thinking on same lines. Who cares for h1 if 485 is denied. As days pass everything becomes so difficult. H1 used to be breeze 2 years back and now a lottery. GC is already retrogressed. Who knows when you start all over your GC again after 485 rejected what will happen.

    I would add another point at 5th line.
    You have 2 choices.
    First what kumar1 said.
    second stay in US illegal like millions of other people and get GC even faster.

    USDream2dust

    1. Sell all my stuff.
    2. Transfer all my liquid money to home country.
    2. Rent a one way van in New York.
    3. Drive cross country with family and have fun. Meet all my friends on the way.
    4. Return the van in San Francisco, take one way ticket to India.
    5. Start a fresh life in India, free of immigration woes.
    6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

    If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]



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  • rkumar18
    07-09 10:14 AM
    If you search...you will find more of these ads!




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    or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.




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  • Pallavi79
    02-21 08:49 AM
    I have one ing savings account and one Bank of America account. I do automatic transfer between these accounts penny per month. that should keep my accounts active.

    If I do not get job in another one,two months, I have to pack my bags.



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  • GCKaIntezar
    05-22 08:45 AM
    Sounds like a great positive move with Patton Boggs

    I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.

    Even the president can't guarantee that the bill will be passed.

    We can give our best shot and hope for the best.

    Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.




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  • jsb
    01-07 01:03 PM
    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
    Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!



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  • Bogdan
    10-22 01:15 PM
    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.


    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?




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  • sarasuva
    01-30 08:44 AM
    I had same experience with H1B 8 months back.I had to leave the country due to H1B Xtension denial and MTR denial.As my I140 got approved the day i landed, my employer got 3 years H1B approved and i came in with that again. Now again I140 getting "Intent to revoke". Track record of employer with USCIS is not good. That is why I am worried and looking for other options on worst case. Can you let me know about the 3 questions I asked above in my original question.
    Due to repeated issues I am asking the about other options and questions.



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  • speddi
    12-09 10:19 AM
    I was able to get copies of all the documents (labor,140 and 485) from the attorney. Is it mandatory to file AC21? When I asked my attorney the fee to file AC21, he said it is $750 to $1500. What is the normal fee for AC21?

    Also, the job description says 'VB .Net' but the new job is in C#. Does it make any difference?

    Thank you




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  • senthil
    09-27 10:53 AM
    try after a day or two. you should see it. else call uscis with lin#



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  • newbie2020
    06-12 07:11 AM
    Now as mentioned by multiple people some things are not clear

    Here is my situation:
    a. H1 Expires Dec 31 2008
    b. Perm applied 02/2008 and approved 04/2008
    c. I-140 applied and pending since May 2008

    As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.

    Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??

    given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.

    Any thoughts...




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  • gimme_GC2006
    05-04 05:58 PM
    how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?

    Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:



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  • mnkaushik
    02-06 02:22 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik




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  • amsgc
    01-22 09:57 PM
    Now that you have your answer, let me ask you a question -
    Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?

    I hate to break this to you, but your sense of optimism needs a reality check.

    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.




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  • a_yaja
    10-12 08:44 PM
    Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

    please advice ...

    Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.

    Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.




    gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.




    abhisam
    07-19 03:20 PM
    :D

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute...

    Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.



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