Thursday, June 9, 2011

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  • kris187
    07-24 03:36 PM
    What happens if i moved twice without informing of address change. Will it still be ok to do it now. I am on H1B with i140 approved. I think I have the address that they have on file.
    Thanks.





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  • glus
    11-19 01:10 PM
    H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.

    did you check with your attorney, if she absolutely has to do h4 renewal.

    Hello GcDreamer05,
    Please read my previous post. I hope it explains why it is possible to receive H-4 extension while working on EAD at the same time.

    Regards,





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  • kishdam
    02-01 01:37 PM
    Friends / Gurus,
    Your suggestion:
    1. Stack back with old attorney
    2. Stack back with old attorney, unless I get any RFE (hope not)
    3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.


    Hi Shana,
    I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.

    Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.

    (note: please see your PM)





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  • svrao2001
    12-06 11:53 AM
    My new employer has asked me to provide copies of 1. Labor approval, 2. I-485 notice, 3. EAD to issue employement verification letter.



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  • vishal
    04-16 01:10 PM
    hi friends,
    what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
    any help is appreciated.





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  • crystal
    07-11 12:07 PM
    ^^^^



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  • Miya Maqbool
    06-17 03:47 PM
    If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.

    What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

    Thanks





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  • Alabaman
    08-28 05:06 PM
    For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.

    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?



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  • nvsreddy
    10-07 01:26 PM
    My case is also in the same boat, My case transferred from TSC to VSC on July 20th 2009, after that I applied for AP to VSC on 7th of Aug 2009 and I haven't got any update on AP yet (did expedite the process on Sept 28th 09 through SR) ....after so many calls to TSC and VSC came to know that my case is transferred from TSC to VSC for security check and reached VSC on Sept 28th 09 (so it took more than 2 months to reach from TSC to VSC.....I think ppl will walk from TSC to VSC to transfer a case :) )





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  • saibaba
    12-05 12:03 PM
    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

    thank you

    After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...

    is this the number u r referring to?



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  • sharma1
    01-29 02:54 PM
    Is there a way to check if your case has been pre adjudicated. My 485 doesn't show any LUD since oct 2008. We changed address at the time. I thought that would result in a soft LUD. Nothing since then. My priority date is Jan 2007- EB2-I.





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  • Dhundhun
    08-05 06:39 PM
    Dhundhun,

    What is your source for the 1% to 5% estimate?

    Internet posts. For the last 2-3 years I have been looking about and this be ball park figure given. Also as you see that there is big variation in this; 1% to 5% is a big difference.

    It would be nice, if someone has better idea than this wider range.



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  • uma001
    10-16 09:44 AM
    Hi mattresscoil,

    <<<<<<<
    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    >>>>>>>>>>>>>>..

    I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?

    Thanks

    What do you mean by good consulting company? Good consulting companies never care about H1 employees. Deloitte,accenture,IBM,Fujitsu, Cap Gemini all are good consulting companies.They place you in good projects,pay well but do not gaurantee about green card filing . Even if they promise you cant trust them. According to me, As long as you can find projects by yourself any consulting company who has good financials is a good consulting company and they will file your green card immediately. If they have good vendor contacts it will be a plus.





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  • getta05
    03-27 01:33 PM
    I have not started the process as yet. Bust basically I am going thru a Franchise Corp to do my application at present. But have kept the option open to buy one outright in a good neigborhood.



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  • cabal
    08-30 12:16 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485





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  • sgorla
    05-07 07:47 PM
    DOn't be panic, but I would suggest you not to go to Canada/Mexico for stamping. I heard through my friends that there is always a risk to deny visa stamping from Canada/Mexico, and the consular officer might ask you to apply your visa in your home country.

    I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.

    Hi

    To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

    We have police report for the lost passport.

    I already checked Indian embessy's website, they have instructions for duplicate passport.

    My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

    plz help..

    regards,



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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.





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  • sheela
    10-04 02:45 PM
    Receipt date Jul 2

    Transferred from NSC>CSC

    Receipt Notice Aug 23

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice

    This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC





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  • northedman
    06-13 05:38 PM
    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.





    wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that





    gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!



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