Saturday, June 11, 2011

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  • cygent
    12-08 07:31 PM
    Thank you very much.

    You are very welcome Pappu. Now let us put it to much good use!! C'mon everybody lets do this!! It is time to turn things around this holiday season.





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  • gcseeker2002
    02-07 10:56 AM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
    Oh NO, if this happens then it will close the last door on many people.





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  • abhishek101
    06-02 08:37 AM
    I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.

    Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.





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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."



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  • rajsand
    09-20 01:38 PM
    Hey Jaime you seem to be all charged up!!
    Great energy, will inspire many!!
    Hope we have one more rally soon!





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  • cooldude
    08-03 10:10 PM
    lin0722554234
    LIN -> Nebraska
    07 -> Year in 2 digits
    225 -> Number of working days since October 1 2006
    5 -> Default for all electronic data
    4234 -> Serial number for the receipts issued on that day starting with 0001.
    lin0722554234
    My question is from where do you get this number?? If they just processed 4,000 odd applications, it's going to take for ever to get the receipts.



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  • abd
    02-12 11:52 AM
    My I-140 was applied on 26th Jul 2006 EB2. no action so far from NSC. How do i check for LUDs on my case.?


    Thanks





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  • ivgclive
    04-25 10:53 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

    What would the employer gain by applying H1B if only 3 months left?



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  • akhilmahajan
    06-22 08:24 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.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............





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  • thomascannivady
    07-17 06:00 PM
    Please post their addresses on the Front page of IV so that all can send Thank you cards.

    I certainly would like to send both of them cards.



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  • s416504
    08-13 02:29 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?





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  • ar
    02-04 05:35 PM
    What would you need done
    I'll help out



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  • reddy_h
    02-24 09:07 PM
    Sachin is the best!





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  • gcmaya
    10-30 09:59 AM
    Thanks!



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  • kosars
    09-12 03:13 PM
    Hello Guys,

    I was wondering if any one of you have any estimated time for FP notice from TSC?

    My 485 ND is August 27 from TSC (case originally filed at NSC on July 2nd which later got transferred to TSC) but haven't received any FP notice yet. Is TSC slower in issuing FP notice?

    Also, I believe that it may depend upon the ASC office situation as well. I am from NJ so may be Newark ASC must be "overbooked" now for FP.

    Any ideas? Thanks.

    i got mine in 1 week after the ckecks were cashed and RN mailed.





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  • anurakt
    01-14 06:30 PM
    I think we may have spoken about this , but here is my question :

    My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

    1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

    2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

    3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?



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  • cdeneo
    04-03 02:48 PM
    Anyone who applied and got a canadian tourist visa based on AP please share their experience ... Thanks!





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  • gbadrain
    08-11 01:23 AM
    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.

    Thanks for this info.
    Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
    With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
    BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
    My background check is okay.
    The problem is with the Employer!!





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  • GCBy3000
    07-22 03:46 PM
    Too early for this thread. Only you could see NO. Is there anyway to create a poll to change from No to YES when the checks are cleared. Then this will be useful, otherwise it is going to be a waste thread in next two days.





    gcformeornot
    09-25 07:50 PM
    1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID

    2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
    ---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
    3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
    your guess is as good as mine
    4. When will the employee know about the revocation in general (how many days)?
    ---after you receive RFE? or you can check online status.
    5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
    once revoked its gone
    I would really appreciate for your valuable suggetions and answers.

    Regards and thanks for your help...





    ecrangan
    05-04 04:19 PM
    This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.

    CHECK OUT BASED ON YOUR STATUS.

    Thanks
    Rangan



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