Saturday, June 11, 2011

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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance





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  • bijualex29
    06-22 07:53 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.





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  • kshitijnt
    06-11 02:30 PM
    I dont know about other IT like SAP etc, but software and hardware majors like Microsoft, Intel , Cisco, Yahoo, Google are facing tremendous shortage of skilled labor. For eg:

    My wife recently graduated in CS. At the career fair, if the companies declared they wanted to get resumes only from Citizens and GC holders, their booths were empty and were waiting for people to turn up to them. If they allowed F1 students, there used to be a big queue and even the citizens were happy to be part of the queue. Bottomline is in addition to skills its also company culture. Companies that dont discriminate by visa types grow faster and have better work cultures.

    Also in a graduating class of 100 people, there were barely 5-6 white or african american citizens, 5-6 Iranians, 5-6 others, rest were Indians and chinese in ratio of 60 to 40 pecent.

    When it comes to PhDs there were suprisingly again higher number of US citizens and chinese but very few indians which led me to think that americans go for higher education in very small numbers or their number is small in graduate school but they go all the way up and complete PhD. Where as most Indians and chinese drop out after MS which is good but not really innovative research.





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  • sapking
    02-22 09:45 AM
    First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.

    You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.

    It could take some more months, before you are able to file for 485 again.

    Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.



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  • vadik78
    03-24 04:42 PM
    Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration





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  • vparam
    10-29 12:18 PM
    You should be able to re-submit with and approapirte letter from your attonrey
    it is not rejected just sent back to correctthe erroe :-)



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  • roseball
    04-19 10:49 PM
    The reason you did not get an approval with I-94 is that it seems your current status is valid only till May and I am not sure if your attorney included the documents (I-20) mentioning that you will be enrolled in Kaplan from June - Oct......USCIS wont approve a H1 with I-94 if you do not show evidence that you have valid status till Oct 1st.....





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  • hemanth22
    07-06 06:44 AM
    add72 is correct, the indian economy is not dependent on the IT outsourcing business any more.
    If you research more you will find that Tata steel is currently one of the largest steel makers in the world after acquiring corus.
    Infosys might aquire capgemini/ernst and young soon making it to compete directly with IBM and EDS for high level consulting business
    Chrysler might be sold to tata motors
    etc etc
    Earlier goverment policy was inhibiting indian businesses in india as well as globally
    Now the policy is changing and indian business are thriving both at home and internationally.
    They are looking to hire the top talent paying top money.

    Thats why its in the indian govt's interest that the GC / immigration process is skewed up here :) so that its best people come back and paricipate in the economy back home

    http://www.flight-capital.com/flight_school.html



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  • vish77
    08-01 08:57 PM
    My wife's federal loan got approved with expired I94 stamped as parole





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  • WaldenPond
    02-24 07:02 PM
    Here is the Senator Specter's markup summary document:

    http://immigrationvoice.org/media/SpecterMark.pdf



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  • kaizersoze
    07-18 10:44 AM
    eb3,

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...

    Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
    Can you pls help 'convince' people to contribute...





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  • akela
    03-11 11:32 AM
    Thanks buddy. That was the answer I was looking for.



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  • Dhundhun
    06-12 06:59 PM
    ... pre adjudicated and other than NC everything looks good.

    I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?

    Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.

    However many of us recommended to followup aggressively at various levels. It is up to you.





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  • nomi
    04-19 04:37 PM
    My PD is now current and i will be filing in May !
    My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
    Thanks in advance and good luck to all who are still waiting.
    :confused:

    this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.



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  • palemguy
    11-05 06:11 PM
    Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.





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  • xiaomatu
    06-05 06:37 PM
    I think my question is: is it possible for USCIS to review the case and change the decision they made after approval? Thanks.



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  • willwin
    08-11 10:55 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.





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  • Ramba
    07-29 12:55 PM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).

    As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.

    http://www.uscis.gov/files/form/I-131instr.pdf





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  • sbabunle
    04-11 08:10 PM
    keith
    Answers are based on guess that u from India.
    PRovide info like your country of birth, if your labor
    is approved/applied/ when if so ....etc etc for better
    info. There are a ton of people in the forum with
    tremendous experience on this area. You will get
    answer for pretty much anything...so update us
    with more info...





    pappu
    07-22 10:50 AM
    It is a bit early. No checks will be cleared except the legal fee checks. :)





    BMWX5
    02-22 10:35 AM
    First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.

    You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.

    It could take some more months, before you are able to file for 485 again.

    Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.

    Well said. However what is the necessity for you to say
    <b>who might have faked their resume, like some IT pros do</b>
    Take it easy...



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