Thursday, June 9, 2011

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  • unseenguy
    06-19 01:18 PM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B

    Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.





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  • ngopikrishnan
    06-18 07:12 PM
    ^^^Bump^^^





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  • gctest
    10-04 03:52 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)





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  • ras
    10-27 07:18 PM
    I had started this thread some time back. And I thought to return back and update you guys what happened.

    I called up the USCIS and changed the address about 4 days back.
    They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.

    But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.

    So finally it ended up that I got my reciept notice before my travel. I am relaxed now.

    Lesson:
    Update USCIS as soon as you change the address.



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  • PDOCT05
    02-16 11:25 AM
    Rajen,

    Don't worry...I my self got RFE(For EVL),My wife got for Birth Certificate and for my son(I-693 missing section 3)...we got it for three diff reason.Just submit what ever they requested..and good luck.

    Thx





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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

    Incorrect!

    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • needhelp!
    02-09 06:48 PM
    That's a good one :)
    bump





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  • cygent
    01-06 01:25 PM
    Thank you for your kind words Everybody!!

    gc28262: I don't think $485 on AOS is out of the question! It feels like I have been infused with energy and so am able to better focus on career/future.
    seahawks: True
    pappu: You are welcome



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  • myuname
    06-18 11:14 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,





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  • nat23
    07-08 03:08 PM
    I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.



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  • corleone
    11-09 10:05 AM
    First, what is "diwali"? Are you just assuming that all members here understand your language and are same nationality?

    Second,
    180 days after applying for AOS you can use AC21 and change job.





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  • acecupid
    08-05 09:39 PM
    http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/uscisdotgov_mockup_28july09.ai.pdf



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  • dask
    12-09 03:25 PM
    At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.

    Happy holidays

    ~dask:confused:
    EB-3-I
    PD:Jan 31st 2002





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  • a_yaja
    06-26 02:08 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.



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  • irock
    07-20 01:44 PM
    I applied I-140 in PP last week of June and got approved in 3 days. And got
    email approval notice in three days.
    But after one week only I got receipt and approval notice on the same day.

    My lawyer refused to file with email approval notice. This is the reason I missed
    to file my my 485 on June28th/29th.





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  • gc_on_demand
    02-03 01:41 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.

    Go back...



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  • krishnam70
    05-06 11:52 AM
    Here is my story, Immigration experts are requested to suggest.......

    My H1 started from Oct 05 with Employer A.
    Applied Labor in Feb 07, Approved in Feb 07.
    I-140 approved in May 07.
    Applied I-485 in July 07, still pending.
    EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
    Renewed EAD in Oct 08, valid till Oct 2010.

    In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

    The project with Employer A finished on Nov 22, 08. (on H1)
    Started new project with Employer B on EAD from Nov 24, 08.
    (AC21 was not filed)

    Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
    Returns, W2, etc)

    Due to miscommunication between me and Employer A, he was notified of my
    new job on EAD with Employer B in march 09.

    H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
    contract not submitted. (It was not mentioned in RFE)

    Never filed an AC21.

    What should I do now ? Will this H1 extension rejection become an
    obstable in getting I-485 approved ? Will there be any problem in getting
    third extension of EAD if I-485 is still pending ?

    Should I appeal this case by submitting all the end client contracts ? But I have
    used EAD ...........I have good relation with Employer A and am assuming he will
    not revoke my I-140.

    Experts please suggest........

    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris





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  • rolrblade
    07-20 01:29 PM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    read carefully to what Superdude wrote...... your answre is in there.

    To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.





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  • idreamofgc
    06-02 09:18 PM
    there is no 10,000 source but i heard people say that..
    are you also their client..are you audited..my audit is on business
    necessity and recruitment..

    does this mean we are screwed...or will they do something..they are
    big law firm..why would we suffer when one lawyer in the big firm makes
    stupid mistake

    My application has been in audit since July 2007.


    I doubt they will audit 10,000 cases (as such they don't enough have resources to work on). If they do, then its a massive F** up on part of Frago-moron.





    ram006
    07-19 07:56 AM
    Thank you all for reply. I'm refiling my wife's 485 today, fingers crossed! Will update the forum as I get any info from USCIS.





    vin13
    10-26 01:31 PM
    My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
    Does she need French transit visa ??

    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.



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