Friday, September 30, 2011

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03-06 06:51 PM
Also, if some one can point me to any state website link that clarifies this, that would be great. I tried to search, but couldn't find anything specific regarding this.

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Raj Iyer
09-13 01:02 PM
My advice would be not to work.

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09-11 12:08 PM
Before i begin let me say its my mistake :(

My EAD expires Oct 08 and my lawyer sent me the forms to file in and send it back to him to be filed in Aug 08. But it was delayed by me till last week and was filed yesterday. what are my chances of getting EAD and continue working. In June 08 i went to India and came back using AP so i am not in H1 (i assume).

what should i do if i dont get EAD approved before oct 08?


stop working until you get your EAD

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12-02 02:47 AM

I have recently moved from Company A(where I worked for 6 years of which last 4 years was in US on H1B) to Company B(working here for 6 months). My H1B transfer is complete but my VISA needs stamping. I need to travel to UK for 2-3 days next week.

Am I eligible to get the Visa stamping done in London? If so, is this a high risk option? How do you compare the risk of the option with the risk of alternate in making a trip to India from UK to get my Visa stamped? Does the fact that my current job is with a smaller(200 to 500 employees) IT consulting firm add to the risk significantly?

Do you think it is possible to get stamping dates around Dec 12-13?

In case VISA gets rejected in UK, what are the chances I can go back to India and get it stamped after that? And how long will that take on average?

Thanks much for your time.


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08-29 07:13 PM
i would suggest just provide whatever they asked

Consult ur lawyer

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04-08 12:03 AM
so once your processing date is current, then no matter what (if your pd is current or not) they will start the Name Check process or will they wait until my PD is current to get started on the Name check process.


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04-28 01:26 AM
Greeting everybody: I have been working for the same Company since 2002 first J1 then 6 years of H1-B expiring on July of this year (2009). Currently my employer is going thru the process for a Green Card with our Legal Firm and they proposed me an E Visa while the Green Card approval process is work in progress (I passed the DOL approval and I'm in the middle of the recruiting phase). I'd like to get a third party opinion if I can be granted a Green Card switching from H1-B to E Visa.
Anyone familiar with this matter?

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01-06 02:03 PM
Theres no legal Immigration question in that?


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04-04 01:54 PM
You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.

If you need a reference ,PLease refer to the AC21 provisions.

I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?

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12-11 12:05 PM
Apparently, no movement for EB3 ROW from November 2006 - April 2007:

November - 2006: 01AUG02

April - 2007: 01AUG02

In May 2007, it jumped to 01AUG03. I hope that there will be a movement in Jan 2009, Feb 2009 VB but looking at the trends it doesn't smee like there will be any.

I thought they changed their mindset from having no movement most of the year then jumping ahead several years in the last quarter and playing catch up.. this is what got them the 07 fiasco
but apparently they are repeating the trend
this no movement for ROW makes no sense at all


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Antique Arms, Inc. - Colt

02-15 08:23 PM
Hi Guys,
As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.

After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.

In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.

I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.

Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.

I did post another thread related to the last issue regarding the H1 extension here

I apologize for this, I should have remove that one but am unable to find the delete option
Thanks in Advance

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05-11 10:31 PM
Hi all

My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.

Now, I need to do Interfiling to link my pending I-485 to my new I-140.

(1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?

(2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?

(3) Can I send my Interfiling request to USCIS even before my PD becomes current?



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07-19 05:09 PM
My H1-B was approved in octubre 2008, I would like to go to my home country but i don't have a visa to be able to come back.
Now my question is:
Having an approved H1-b is a warranty for me to get a visa to come back to the US.

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12-04 05:46 PM

I was on H1 status but got laid off. I have my EAD and my AP has been approved but I have not yet received it in the mail. Once I do, is it safe to travel outside the US and re-enter using AP if i don't have job yet?



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09-18 11:11 PM

I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.

My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?

Please reply me ASAP.

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08-23 01:18 PM
I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
Is there anything to be concerned about?

Same thing happened to my wife, but I received only once after filing 485 in 2007. Apparently, USCIS is unable to refresh my wife's FP automatically after 15 months (got this from infopass). Also, I have seen this happening to NSC-CSC-NSC transferred applications and we are one of them. No worries our 485 was approved last week.



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12-05 12:44 PM

I am on H1b visa and I was laid off by company A and company B offered me a position and initiated my H1 transfer process. When is company B liable to start my salary ?
FYI, company B is a consulting company


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05-22 10:19 PM
its a little scary. I like the bg though.

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11-19 03:33 PM
I can't say which is right, but I can share my information (so far). My EAD was supposedly sent Sept. 5th. On Oct. 4th when I had not received it, I called USCIS and spoke to CSR, who put in a request for a resend of the card. I still have not received it, so after 45 days (the requested wait this time) I called again today. I have another service request number now and am told to wait another 45 days... At least the CSR admited she didn't think anything was done after I called in October! I wonder how many "45 days" they want me to wait!

11-15 12:27 PM
The town we are in only has a community college only, my spouse is an engineer and they have nothing to offer... Small town restricts her chances to be hired on H1 too.

Biggest reason for taking up the new job is to be able to access the above options.....:(

08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.

Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.

I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.

As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.

Good Luck,

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