Friday, June 24, 2011

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  • waitingGC
    03-21 10:58 AM
    My wife will apply for H1 this April. I also have some questions:

    1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?

    2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?





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  • alisa
    03-15 12:54 PM
    Thats been my understanding of whats been happening since last summer.

    I see every reason for USCIS to move the dates forward to early 2007. That will be a sweet spot where they won't have to accept anymore AOS applications (since all applications upto that time have already been filed in July 07). They will have a vast pool of AOS applications from 2001 to 2006, and they can just pick cases from that pool, and approve them.
    This is assuming no major jump to CP.

    What I understood from Ron's article:
    They're not processing fast enough to exhaust visa numbers.
    They want to minimize visa number wastage.
    They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
    Many people will have dates current, but few will get approved... it'll be luck of draw.
    Dates will then return to retrogressed levels at the beginning of the next financial year.
    However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.





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  • willwin
    04-05 09:16 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds

    Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.

    Perhaps, the attorney team here on this forum can help us understand how this works.





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  • easygoer
    02-10 06:09 PM
    Someone can shed light why these numbers would disappear before march and would not get rolled over to EB3 and EB2? What are the provisions?



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  • ItIsNotFunny
    08-02 10:17 AM
    Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?

    Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?

    Thank you!!

    This is dicey. The rule of thumb is: GC is for future employment. Somehow you need to convince this immigration officer that you worked or want to work for employer who filed GC for you. Thats why they have this 180 days clause.





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  • som_yad
    08-14 09:00 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks



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  • bigboy007
    11-03 01:24 PM
    Thanks what dox did u send ?





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  • h1techSlave
    03-19 11:57 AM
    I can't think of anything other than getting the company immigration lawyer's help in this case.

    On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".

    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.



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  • tigerk
    10-02 09:57 AM
    Yes you can apply, but you need to have a Co-signee who is either a US citizen or Permanent resident





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  • meridiani.planum
    05-05 04:50 PM
    I wanted to know that what impact does one have for calling IO's multiple times.
    .

    * pain in the fingers
    * worn out buttons on the phone
    * high phone bill (if you call from a cellphone and are billed by the minute)



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  • zoooom
    12-02 07:50 PM
    Great news pal. Thanks for sharing!!





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  • ktroche
    11-01 12:03 AM
    Sounds familiar. Family friendsfailed to file for an I94 extension on time. I believe they are here on a tourists VISA. Their VISAs are valid for 5 more years. They have not been expired for more than 180 days (right now around 120). How "automatic" is their return I94 if they leave and come back? We are willing to sponsor their return and have financial means as necessary. Argentina is their birth country. Help!!



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  • pappu
    08-23 06:35 PM
    I tried to educate some of the university students( MS) about our issue. They dont
    even care! Its seems like, they think, somebody else will take care of this
    Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.

    thanks again for at least trying.





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  • dealsnet
    06-11 11:46 PM
    How she keep AOS status (I-485) when out of the country for long period, and do not have AP, while go out of the country. She can come on H-4, but, I don't know, she can be on AOS status for green card. Consult a lawyer.
    Hello Gurus,

    Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.

    Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.

    Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.

    The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???

    Biometrics Processing Stamp
    ASC Site Code:______
    Biometrics QA Review By:_____ On ________
    Ten Prints QA Review by:_____ on ________

    I really do not know what to do. I request you all Gurus, please help me to handle this issue.

    Thank you.



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  • eb3retro
    03-16 10:17 AM
    Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.


    you are welcome jungalee..dont worry, you will be very fine.





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  • mrsahaayam
    09-02 01:10 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you



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  • golgappa
    08-17 09:03 PM
    Thanks to all for there replies





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  • tp976
    03-22 08:00 AM
    I have done this myself and got approval couple of months back. There is no real risk of interfiling. Your eb2 application will for all practical purposes will be like a regular application ( years of exp till date, exp etc)





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  • bobby
    05-17 07:33 PM
    Contact the USCIS Ombudsman's office directly. http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    If you search online you should be able to find the telephone number for the main switchboard at DHS in Washington and then ask for the ombudsmna's office. You will probably need to submit your problem in writing with supporting documentation. Weve had a problem where USCIS made an error and have been dealing with the ombudsman's office for over a year. Patience is needed and followup on a regular basis. Eventually the problem will be escalated to senir USCIS staff in Washington for resolution. Be tenacious!





    raj131982
    04-12 02:11 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982





    pal351
    05-27 04:35 PM
    I called and my employer called them. they said case is ending no further info. is available.

    thanks for replys.



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