Wednesday, June 15, 2011

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  • gcdreamer05
    01-11 10:03 PM
    yup your renewed 797 has not been entered in their PIMS database, that is why the delay , you should be all set in 1-2 weeks time.

    Please share your experience once you get back your stamped passport.





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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)





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  • Fightwithfate
    03-15 12:42 PM
    Hi Thank you all,

    Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
    Does they process premium processing like this?

    Hi attorneys/seniors,
    Getting confused about the online status.
    Today morning my employer got mail from VSC saying that their received date is 03/12/2010
    Status check online by 10:30 AM(03/15/2010)
    Status:Initial Review
    Date received shown:03/12/2010

    Status check online by 1:00 PM(03/15/2010)
    Status:Acceptance
    Date received shown:03/15/2010

    Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.

    Got confused.
    How it works normally?





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  • gccovet
    06-29 02:45 AM
    For folks who are past the 180 day period:-

    When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

    I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.

    GCCovet



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  • gparr
    January 20th, 2004, 10:52 PM
    Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
    Thanks for the image feedback.
    Gary





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  • Munna Bhai
    01-23 08:09 AM
    Lage Raho...We will Win. Thank you core-team.



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  • Lihkin
    02-26 04:27 PM
    Hi guys. Sledge- I think she clearly says (in caps) that her PP does NOT have CWOP stamp. Hence she is asking for help. :)


    Cheers,


    Nik





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  • veni001
    02-02 08:57 PM
    Hello,

    I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.

    Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).

    Thank you

    Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
    Good luck.;)



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  • bharol
    06-16 12:57 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

    Whose fault do you think it is?

    It is the hight of carelessness.
    Passport was expired when you went to consulate!
    I can't believe it.

    You deserved it.

    Now go get the passport renewed and get back in line.





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  • a_yaja
    03-27 05:58 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D



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  • arrarrgee
    07-05 12:38 PM
    I am sure they would do that ...
    Just a thought...


    These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D





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  • Anil_s
    06-29 05:55 PM
    Hi Ari,

    Thank you for your response.

    I have few other questions.

    As I have B1 can I stay till October?

    Incase I am going back to my country is it advisable to comeback on B1 for the gap period?

    My prime job is business development.

    Thank you again and appreciate your help!!

    Anil



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  • eastindia
    12-21 10:33 AM
    I am all up for it & won't mind doing it all...

    Thank you.
    What is the strategy and action items?

    If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.





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  • go_guy123
    07-09 09:00 AM
    Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....

    http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0

    Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..


    Few more days to go now. In fact its already over. No More time to prepare
    I140 application and send by July 16th.

    Yes they should have stopped long back with perm introduction as it was no longer needed after perm.



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  • krishnam70
    03-05 12:00 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    This might be an Attorney question

    1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
    2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
    3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
    4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.

    On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.

    - cheers
    kris





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  • wandmaker
    11-07 09:38 PM
    1 (800) 375-5283 and follow the voice instructions.

    Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.



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  • 510picker
    November 30th, 2008, 06:41 PM
    Owen, when did you go over to the dark side? :eek:





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  • kumar1
    03-05 01:42 AM
    Ha ha ha....I can see "someone" standing naked.......

    I am apologetic if my message sent any wrong signals anywhere.
    But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.





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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.





    thomachan72
    09-16 01:17 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?





    gvenkat
    10-12 05:54 PM
    I will say this time and again. It's a piece of plastic card and until USCIS realises that we are stuck here.

    It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India

    Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.

    If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.



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