Friday, June 17, 2011

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  • JunRN
    12-27 08:12 AM
    Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.





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  • jonty_11
    12-15 10:34 AM
    recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.





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  • chalamurariusa
    04-28 09:21 AM
    sorry to be posting on this thread I am new to this and I genuinely tried to look to post a new thread but in vain.
    We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be





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  • jnraajan
    03-28 12:03 PM
    When you search by Nationality, it doesnt return any results.
    Once you search by Category (EB), it returns results, but then when you try to sort by a column heard, it loses this restriction.

    Also, the sorting doesnt seem to work.



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  • Leo07
    12-05 05:29 PM
    Good Luck!





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  • god_bless_you
    04-06 02:11 PM
    Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.

    If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
    I am sure on that.. Please check with a Immigration attorney!



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  • glus
    11-06 09:06 AM
    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
    What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!

    Hi PSN,
    Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.





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  • somegchuh
    10-26 01:11 PM
    I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)

    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.



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  • coolmanasip
    05-29 01:36 PM
    Did you guys get a soft LUD before the RFE? How many days lag if any?

    Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?





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  • lostinbeta
    10-04 12:12 AM
    Oh yeah "layer 1" just refers to the layer with the original shape and "layer 2" just refers to the layer with the fill. They assume you aren't giving names to your layers which is why they have it in quotes.



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  • sledge_hammer
    02-20 06:06 PM
    1) What is her current status H1B or H4?
    A) H1

    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.

    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    A) She will have to re-apply for H4 and re-enter the country.

    4) What are the options to get her back on H4. I have to file my extension in sept-2009.
    A) Contact an attorney.

    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers





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  • GreenCord
    07-17 02:19 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.

    This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.


    Has anyone been throught the same or similar situation ?


    This is my third employer and third GC attempt in the 11yrs I have been in this country.



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  • bekugc
    05-07 11:29 AM
    coolest_me;

    a friend of mine had got same RFE as u back in 2005. he had gotten all the vaccinations properly, yet this came. it was just a error on the behalf of the surgeon perhaps. My friend had the doctor redispatch the document in reply to the RFE and it got accepted. the doctor did not charge any extra fee since he was at fault. this cud be just a rare /routine paperwork mistake. infact my friends wife dint get this problem, only the primary appln had this mistake.

    if u personally donot know the doctor, then take any receipt or printout from past visit to remind him that ur on his file and ur vaccination history ( if completed in thefirst place) can be located. you dont have to worry much according to me. also if ur PD is current, then its good news, ur appln is sorta woken up and once u reply to rfe u cud see +ve movement.





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  • rajeshalex
    09-15 03:01 PM
    This month they are prompt and published the date on correct date.
    I cant beleive Eb2 NSC is 2008.

    (Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
    Ombudsman had replied to this email.
    I am not sure this email worked )

    Rajesh



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  • dummgelauft
    10-04 09:48 PM
    I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.

    "What's the purpose of your visit to Las Vegas?":confused:

    I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.

    I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D

    I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)

    Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
    I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
    She waited a second to digest it, then said, "Okay..Go..!!"..





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  • aj2000
    02-23 01:38 PM
    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.

    Nice way to talk on forum , my fellow.. btw., I wanna know "how many 485s have been rejected for using AC21?".. really.. an exact number would be very helpful for people like me who are in same situation as you.



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  • krishnam70
    03-26 12:28 AM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
    My 485 was filed way back in Sep 2004. OK
    My 140 was approved way back in Nov 2004. GOOD
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
    2005 W2 – shows 57,000$/yrsame as above
    2006 W2 – shows 50,000$/yrsame as above
    2007 W2 – shows 58,000$/yrsame as above
    2008 W2 – shows 67,000$/yrsame as above

    Never changed employers nor job titles. good

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.

    Thanks.

    - cheers
    kris





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  • MeraNaamJoker
    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you





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  • desi485
    03-24 02:19 PM
    Now everything is queued..... no more cutting lines.

    no more lc substitution!!! isnt' this was already done last year??? :confused:

    were you sleeping? why there is a sudden new thread today?





    anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?





    VMH_GC
    12-12 10:24 AM
    I recently went to India and came back to US. At port of entry, the officer incorrectly put the date beyond my Visa expiry date in my copy of I-94 but in his copy he put the correct date. This confusion was largely due to the fact myself and mywife both are in h1b with two differenet expiry dates. Now my question is, will it be a problem? do i have to report this? Please let me know.

    Thanks
    VMH



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