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  • tejonidhi
    11-27 01:24 PM
    Rajen,
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you





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  • chanduv23
    04-21 03:11 PM
    Gurus,

    I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

    Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.

    If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.

    Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.





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  • Munna Bhai
    02-08 11:32 AM
    Hello,

    My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.

    I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.

    If I-140 is not revoked:
    a)One can extend H1b through any company for 3-years.
    b)One can get PD ported.

    If I-140 is revoked:
    a)It is a grey area but commen-sense says that one is out-of-status.

    How to protect I-140 being revoked:

    a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
    b)Give some valid reason to current employer until your I-140 from other company is approved.

    Or any other thoughts???





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  • chanduv23
    09-16 03:01 PM
    Well...This is called "Heights" or "Crossing the limits". Now come on...a friend who has helped u a lot in the past, but cannot(or will not) make it to DC for whatever reasons, u r gonna cut ur relationship with him??? Either u r mean or u dont respect ur friend's decision. Different ppl have different perspectives and one shud respect that rather than cutting off valuable relationships by being narrow minded and expect others to follow what he/she is doing. Else they'll be loners all their lives.

    These people are lazy, selfish cowards - they don't have guts to come forward and tell me "Hey, I just cannot come but I am supportive of the cause"

    Yes - I know who helped and who did not - those who helped me in the past are supportive

    So thanks for your advice - I know what I am doing here - and see you at the rally



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  • satyasaich
    02-10 09:24 AM
    First of all, you can go any consulate in india, which ever gives you earliest date.
    Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
    Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
    Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt

    Good Luck
    Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

    Thanks





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  • vybe3142
    07-25 12:03 AM
    thanks much, ...

    i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
    Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.



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  • bhasky25
    10-11 12:45 PM
    Hello guys,

    I need a clarification on the process. Here is my scenario

    1. PD : Feb 2004 EB3 India
    2. 485 : Filed during july 2007
    3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
    4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
    5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
    6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

    My question is:

    If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

    Appreciate your insight.





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  • doudou
    06-25 06:31 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.



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  • sammyb
    10-15 04:29 PM
    Hi Guys,

    I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

    I am kind of concerned about it as I did not see any movement in my case.

    Any inputs Or wondering if anybody else facing similar situation??????

    Appreciate your inputs.

    Thanks,

    M

    did USCIS cashed your checks... just wondering ...





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  • dreamworld
    09-12 03:46 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???

    Thanks...



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  • Munna Bhai
    01-09 01:44 PM
    NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.

    any more inputs??





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  • waitin_toolong
    11-06 08:29 AM
    hey no one checks if you really need it or not, maybe request one for MIL or whoever is more feeble. It always helps the first time. Getting in and out of planes and getting to right place at right time. (you are not charged anything for service, though some tip is always appreciated).


    You and spouse will also have an easier time from the time they board to the time you meet them.



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  • lostinbeta
    10-20 02:44 AM
    http://www.procreate.com/

    You can find Painter 7 there. They have a trial... I might just download that :)

    Anywho... I think painter is good for textures and things or something. David told me the difference before but I can't remember what exactly he said now.





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  • tabletpc
    11-29 02:43 PM
    senorita..raj here...

    here comes the answers for your responses...


    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.

    Hope this helps....



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  • senthil1
    12-06 05:12 PM
    If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.

    Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.


    There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.

    The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:

    1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

    2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

    3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.

    4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.

    5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.

    6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.

    7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.

    8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.

    9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.

    10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

    Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.





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  • TheOmbudsman
    09-05 04:04 PM
    If you see the link I submitted earlier today, it is a reality that most voters are fed up with their representatives. From what I hear all the time, it seems the tendency is that people will vote against incumbents, regardless of which part they represent. Typically whoever is coming fresh - Dems or GOP - would be more sensitive to citizens problem and would think twice before voting for something in spite of thousands of pledges and calls against it. In my view, not necessarily Democrats would control the House, but even if turns out that is the case, it may not help us a lot. The truth is that if many incumbents get kicked out, that would be a powerful message that voters out there are not happy with directions they are taking, mainly on immigration, and therefore a bill on our behalf may continue to be dragged down further, because I strongly believe that many fresh reps would think twice to vote when phones are ringing non stop.

    I am sorry if that is sad, but that is the truth.
    I would like to discuss two issues

    1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

    2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

    It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?



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  • willgetgc2005
    11-01 02:10 PM
    I have a question about my Mother in laws' visit to the USA.She has a 10 year multi entry tourist visa (B1, validity from 2005 to 2015) to the US and she has visited the US 3 times so far and the dates are as follows


    February 18, 2006 to August 16, 2006 (visited her sons family in East)
    July 8, 2007 to January 7, 2008 (stayed with us)
    August 2, 2008 to February 01, 2009 (stayed with us)


    She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.



    Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.

    I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:



    Will a request for extension be approved by USCIS?
    Will this jeopardize her chances of coming to the US in future?
    IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
    How long does it take for USCIS to process a request for extension and what is the processing fee

    Your response is greatly appreciated.





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  • willgetgc2005
    03-28 01:39 AM
    Hello,

    My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.

    Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.

    I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.

    Please help





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  • paskal
    07-24 02:04 AM
    Thanks Fromnaija!

    Good info :)





    fcres
    07-06 01:19 PM
    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)

    If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?





    vpgreencard
    07-30 09:46 PM
    The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.



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