Saturday, June 11, 2011

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  • BharatPremi
    12-20 01:56 PM
    One SHOULD do change of address as under.

    1) Fill AR-11 online
    2) Mail AR-11 (Delivery Signature proof)
    3) Call USCIS for change of address
    4) Within a week take Infopass appointment to verify whether address is
    changed or not.





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  • reddog
    01-23 12:15 PM
    As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.

    You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.

    Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.

    PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.





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  • sunny1000
    12-15 12:37 AM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks

    Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.

    Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.





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  • sathweb
    01-13 05:14 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!

    Here is my understanding of the law regarding the priority date:
    In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.

    Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.

    Go ahead and appeal, try your luck.

    Best of luck bud.



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  • things2strike
    08-20 08:36 PM
    Hi Friends,
    My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
    The date of approval of I-130: 03/12/2008
    My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
    Thanks,





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  • paskal
    10-23 03:39 AM
    here is your chance to put some faces to names ... or nick names/user id's
    join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!



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  • gc_dream07
    03-14 07:31 AM
    Please update your profile. That way people can help you better.





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  • frostrated
    08-27 02:18 PM
    It is possible if the job description is different. And, you can use your EB3 date, provided your EB3 140 is approved.



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  • zCool
    04-02 01:18 PM
    So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?


    That is true,
    Ability to pay issue can be replied with company financials and assets etc.
    Paystubs and W2s are pretty basic queries, they ask them in lot of places..
    even h1 transfer can not happen without recent paystubs..
    I am confused.. they don't have money? in that case how will they even answer RFE?





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  • dxldad
    05-18 12:45 PM
    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:

    An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.



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  • h1techSlave
    10-05 11:15 AM
    Any body can ask for documents. But if you ask as part of a law suit, they will have to give it to you. Otherwise, they can just say some nice words and that will be the end of it.

    This is what happened to the China-man. They filed a law suit, so DOS/USCIS gave them the information. But DOS/USCIS now hates the China-man.

    IV is being very nice to DOS/USCIS. So DOS/USCIS is also very nice to IV.

    If you file a lawsuit you can ask for documents.





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  • Robert Kumar
    02-24 05:04 PM
    I am also looking for answer on this..Anyone please??

    Any inputs pls.



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  • SSSarkar
    06-25 11:42 AM
    My company is paying all the cost except medical exam and photos.





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  • tennisanyone
    07-16 02:18 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?



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  • Anders �stberg
    May 31st, 2004, 03:47 PM
    Fun series.

    However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).

    OTOH, I don't bring duck-food with me... :)

    On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)

    Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)

    These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.





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  • Lasantha
    09-07 12:25 PM
    I still think like_watching_paint_dry 's post is just hilarious! :D



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  • kaisersose
    03-13 04:58 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.





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  • Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)





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  • MrWaitingGC
    06-01 07:12 PM
    One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.





    purgan
    11-17 10:37 AM
    jonty 11....what "secret" are you talkin about...

    All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...





    maverick_s39
    01-13 06:05 PM
    hi sathweb

    Here is a link i found on immigration.com

    http://www.immigration.com/newsletter1/submemoins.html

    The last section "C. Disposition of Substitution Requests" says

    "
    If the service center determines that the substituted alien meets
    the minimum requirements set forth in the initial labor
    certification application as of the date that it was filed with the
    state employment office and the I-140 petition is otherwise
    approvable, the I-140 petition shall be approved and processed like
    any other I-140 petition. The priority date shall be the date
    which the original labor certification application was filed with
    any office within the employment service system of the DOL. See 8
    CFR 204.5(d).
    "

    This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.



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