Friday, June 24, 2011

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  • desi3933
    01-23 01:15 PM
    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?

    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.


    You should be fine. From these details, it seems you were not out of status.

    Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • jnraajan
    03-27 12:26 PM
    Bump





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  • enggr
    10-12 08:15 PM
    Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

    Thanks

    Hi Kmdhar,
    Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
    Any thoughts on how we get this extension petition approved to the max of my 6 years?





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  • peer123
    04-17 09:59 AM
    How did you find what job code your labor was applied for?

    it is on the approved labor certificate, that my lawyer gave me



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  • Berkeleybee
    04-10 01:49 PM
    To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.

    Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).



    CCC,

    Wonderful to hear from a contributing member and thanks for the warm words.

    IV has no interest in curbing free speech. All we ask is that new members go through forum posts and resource docs to see what IV has said on a given subject, and also realize that we have done our homework. How about asking us if we have considered an issue rather than telling us what to do (without much research) -- which is the tone that some new member posts take.

    As for not responding to theories -- well they just take on a life of their own if we don't respond. :) IV has no intention of letting its forums become a chaotic space with misinformation and assorted half-baked theories. :)

    best,
    Berkeleybee





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  • abimanyu
    09-11 07:10 AM
    My significant other's labor processing begain in DEC 2002, the application was made in Jan 2003, and it reached the Dallas BEC on July 2003, here labor was certified on Aug 2006, and we received notice from the lawyers day before yesterday. Now the next wait begins, for PD to become current.

    It took 3 years for the 1st stage processing, maybe it will take another 6 years to complete the 2nd and 3rd stage processing. If this trend continues I might be ready to retire by the time the GC arrives.:)


    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.



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  • gopi246
    03-20 12:29 PM
    Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

    Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.





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  • Sage_of_Fire
    01-02 09:56 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)
    Okay, there's my answer. Nice two-birds-one-stone answer, Kirupa!



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  • mambarg
    08-30 01:30 PM
    I dont think you mean LUD on 485 correctly.
    It has to be after ND.





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  • munnu77
    04-16 01:45 PM
    Thanks. Everybody else that I talk to seems to make a big deal about the commute downtown. Actually It is my wife who will be facing the commute. I get to work from home mostly when I am not travelling.
    How's allentown treating you?

    wht field u and ur wife work on?? commute is really bad, wherever u go..weather is good, if you like hot, humid just like india. public transport is not that effective when u compare to other bigger cities..not a good place if u r in software programming..



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  • gc_kaavaali
    06-28 04:02 PM
    So many times discussed about this topic. As soon as you start using EAD you are done with H1. You are no longer on H1. You need to give all prior I-94's when you are leaving US.

    I am one of the July 2007 485 filer.
    Me and wife have EAD's which we are using right now on I-9's to work.

    I have an expired H1 stamp on passport.
    Wife too has expired H4 stamp on passport.
    I have a valid h1b approval notice until 5/31/2013
    Wife too has a valid h4 approval notice until 5/31/2013

    I have an AP which is valid for 1 year from today.

    I want to visit India for a marriage.

    Questions I have:
    - While exiting USA, do they take my I-94 ?
    - While coming back, if I show my AP, does my H1 status cancels out?
    - Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
    - Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
    - Entering back on h1, will keep my wife's H4 valid too.

    So question is should I enter back on H1 or AP?





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  • jagan13
    02-22 04:35 PM
    HRPRO,
    Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.

    vactorboy29,
    I am glad the Chicago CGI was helpful in your case.

    I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.



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  • TheCanadian
    01-02 12:09 AM
    I think we should have a Flash 5 AS1 contest for nostalgic purposes.





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  • TheCanadian
    01-02 02:24 AM
    That's goofy, I wonder why.



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  • Aah_GC
    08-28 11:12 PM
    I have had the same problem. I have contributed $700 so far, but any attempts to access donor forum was just left to emails where Pappu would point to some other guy. This guy would mess up my profile and I would be left with interupted access to even my non-donor profile.

    The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?

    I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?





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  • monkeyman
    01-29 05:50 PM
    Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
    Date of intended Departure: As soon as possible
    Expected length of stay: Less than 5 months

    That is what I had filled out.

    The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.

    You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.

    As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.



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  • factoryman
    06-18 12:37 PM
    so, my city / state is : Bellingham/ WA

    where he I-94 is issued.





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  • vselvam
    12-16 05:20 PM
    I would like to know some details about EB3.

    Currently the priority date for EB3 India is May�01.

    My PD is Mar�2004.

    When no reforms happen, how long approximately it will take to reach my PD.

    I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?

    Thanks





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  • a_yaja
    04-23 04:39 PM
    Thanks a lot guys for your inputs. I hope everything goes fine.......

    heard these days it is taking more then 6 months for I140 approval...........

    mine was filed in marcha, 07 in the Texas processing center...........
    Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).

    If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.





    centaur
    03-28 05:46 PM
    An employer can file your GC with "an intention to employ", irrespective of visa status

    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.





    alex99
    06-28 03:12 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX



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