Sunday, June 12, 2011

believe tattoo

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  • himu73
    03-26 10:59 AM
    Please move the Web fax link or any improtant event at the center of the home page. Most New members will now come thro. word of mouth, so the introduction of IV can be moved down.

    Put like

    ACTION ITEMS FOR NEXT FEW DAYS

    1. WEBFAX etc


    Just a suggestion to speed up things. People do visit the site but need to be told
    do 1,2,3,4





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  • raysaikat
    03-28 11:01 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr

    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.





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  • delax
    08-23 10:38 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......





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  • Dhundhun
    08-09 12:52 PM
    11. All the files are stacked. IOs are making best effort to pick files from bottom. However stretching full arm (fishing) is not able to reach 2004 cases, instead 2005 or 2006 cases comes in hand.

    12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.



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  • mallickarjunreddy
    07-05 04:43 PM
    labor Substitution ....Heloooo!!!!

    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank





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  • manderson
    09-21 03:05 PM
    Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.

    In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?

    I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....

    Thanks is advance.



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  • saketkapur
    08-18 06:22 PM
    please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........

    please correct me if I am wrong or not reading the particulars of this case correctly.......





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  • yogeshmanohar
    07-19 10:55 AM
    We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
    I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.

    Thanks guys.



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  • GCSOON-Ihope
    11-02 10:25 AM
    Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?

    Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
    What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
    Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?

    Anyway, that's just me...Good luck to you.





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  • gccovet
    06-17 02:34 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

    Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)



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  • ragz4u
    04-10 05:04 PM
    Thanks





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  • raysaikat
    06-04 12:33 PM
    The online AR11 form is giving 2 options . which one should we choose?

    Only the first option (for US citizen) is giving options for pending cases!!!!

    * Yes, this change of address is for a US Citizen
    * No, this change of address is not for a US Citizen

    Thanks
    SK

    Unless you *are* a US citizen, you must choose the second option.



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  • Bolt
    04-08 10:55 PM
    Hi Anand /Snathan,

    Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....





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  • bkn96
    11-24 01:20 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..



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  • avi101
    05-31 06:55 PM
    From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.

    Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
    http://boards.immigrationportal.com/forumdisplay.php?f=121

    Good luck.





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  • ampudhukode
    03-24 07:01 PM
    gcwait,

    This was his first job after graduation and has remained there since, so there is only one co to show experience from.

    I guess I will ask him to get something addressed for some other purpose like Tom suggested.

    ampudhukode

    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.



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  • redelite
    08-19 10:32 AM
    I'll try to get one up sometime today along with a YA RLY one, I got a few ideas up in my noggin'..





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  • at0474
    12-17 12:57 PM
    "1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?


    2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?

    "

    --Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.

    My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.

    Also, talk to your lawyer. Hold my opinion as mere opinion.





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  • nc14
    07-13 07:46 AM
    I did it some time back. It was linked on murthy.com. So, I think it is legit and anything for Congresswoman Lofgren (Champion of our cause).





    cvk90
    06-24 10:33 AM
    I asked this specific question to my lawyers..Its not true that you are OK as long as you file by July 31st...The dates can retrogress for month of July and then you won't be able to file application after that date. (e.g. after 15 July 07)...I am not an attorney myself but this is what was specifically told first hand to me.





    bellapv
    08-05 01:34 PM
    Well, I checked on USCIS site and previous editions are accepted. :)

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD



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