Saturday, June 11, 2011

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  • reachinus
    08-25 09:42 AM
    Good and happy to know that i was able to help you.

    This is extremely helpful. I did not even get so much information from the Call Center.

    Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)





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  • gc_chahiye
    12-18 04:24 PM
    What do you mean? An approved I-140 suddenly got reversed decision and was denied? Haven't heard of such cases. Can you please show me the link? thanks!

    this was posted on IV recently:
    Approved I-140 revoked after 2.5 yrs
    http://immigrationvoice.org/forum/showthread.php?t=15993





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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.





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  • bbct
    04-16 09:59 AM
    FYI, the response from my attorney firm -

    Question -
    1) Can we request for an extension of time - if in case the time allocated to respond is 30 days or less?

    Response -
    1) A request can not be made for an extension on any RFE response times.



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  • Canadian_Dream
    07-25 01:51 PM
    Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

    Do the following:

    If you receive physical copy before AUG 17:
    1. File I-140/I-485 with your OWN labor before AUG-17.
    2. Do not apply for EAD and AP on the second one.
    3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
    4. You can continue using EAD/AP filed with the first applications.


    If you don't receive the physical copy before AUG-17

    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

    Good Luck.


    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated





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  • webm
    02-20 02:01 PM
    Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..


    HTH,



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  • Googler
    07-18 08:31 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.





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  • abhaykul
    09-10 09:02 AM
    Gr8 job ! Shilpa and Aman and all core members ...Keep it up



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  • deardar
    09-28 02:54 PM
    How long did it take for you after filing the FOIA to get the concerned documents ?





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  • swarnapuri
    06-05 03:52 PM
    laborfd/svdcpa,

    People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.

    http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15

    Thanks!



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  • DallasBlue
    06-24 12:30 AM
    Sorry to hear that !!

    Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
    If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.

    hope you get out of this soon!!!


    Just seek legal opinion and second medical opinion too.





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  • chanduv23
    11-07 12:52 PM
    look at www.h1bmates.com



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  • eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501





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  • lyiu18
    02-23 08:10 AM
    good to know, thx.



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  • hmehta
    09-11 10:43 PM
    If the incumbents really care about being re-elected, they really need to do something over the next 30-40 days. All major news channels are already touting the current congress as a "do-nothing congress". And probably not only their re-election is at stake, if we look at a bigger picture, for some of them even their political career might be stalled!

    Ofcourse, there is no gurantee that some kind of immigration bill will pass, but we should not lose hope at this point.





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  • irrational
    11-05 11:50 AM
    You should probably call USCIS to see what is going on ?

    Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.

    I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.



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  • mmanurker
    05-04 04:47 PM
    ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?

    Just imagining what the details of the RFE could be?

    I thought same as you..and I was like what, now a query(RFE) on air travel? :)





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  • quizzer
    01-09 12:27 PM
    not to trivialize the issue at discussion.......... I am sure this is important to you.

    However, what does this have anything to do with Non Immigrant visas?

    reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)

    Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.





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  • MCQ
    10-26 04:03 PM
    Here's how I see it.

    If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

    Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

    so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

    one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

    Hope that helps

    McQ





    keiryu
    09-25 05:14 PM
    What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.





    gimme_GC2006
    08-16 06:27 PM
    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.

    I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.

    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA



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