Wednesday, June 8, 2011

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  • bkam
    05-15 09:47 PM
    There is no need everyone to be able to see personal details of the IV members. The admin should keep this list securely locked and use only when appropriate. A lot of bad things can happen if this data is open for the public.

    More than 3,000 people have trusted the core members by sending their personal details and this trust should not be abused. We must be careful!





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  • H1Girl
    02-26 11:51 PM
    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...





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  • snathan
    03-24 11:45 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!

    If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.





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  • Sai gc
    09-23 04:54 PM
    case process resumed ,Soft LUD everyday after RFE response,Any thoughts whats going on
    My case details:
    PD 2004 october(substituted)(NSC)
    I 140 approved on october 2007
    Got EAD's and AP's for both me and my spouse.
    I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
    RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
    Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
    soft LUDs on my application on 18,19,20,22 and 23rd.
    soft LUDs on spouse application on 22nd and 23 rd.
    What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
    Hopefully this means Good news.
    OM Sai



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  • continuedProgress
    04-28 11:23 PM
    Renewed my AP in fall of last year - applied online. Didnt need to FP.





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  • sudiptasarkar
    09-14 02:51 PM
    I am trying to apply my AP (I-131) renewal. My current AP will expire on Oct 17 2009.
    I had few questions about the form. Can someone please answer my queries?

    Part 1
    Q#3. Class of Admission: I used my AP to enter the country on Sep 7th 2009. I am currently working on EAD. What should I enter for this field?
    Part 3
    Q1. Date of Intended Departure: I do not have any trip planned right now. What should I enter for this question.
    Q2. Expected Length of Trip: What should I enter for this question?

    On Part 7 it says that
    "On a separate sheet of paper explain how you qualify for an advance parole document, and what circumstances warrant issuance of advance parole."

    Thanks
    Sudipta



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  • qasleuth
    09-21 10:35 PM
    Anecdote: An acquaintance of mine was married for a year and then they had marital issues. His spouse started living separately here in the US and then went back to India. The guy went to India on a trip to see his ailing father. His ex-wife's parents filed a harassment/abuse case against him and he ended up being there for 2 years. In that period his 485 was considered abandoned inspite of being in the country for more than 10 years.
    I do not know the exact reasons for their marital discord, never asked and never judged.

    The one thing which this country should teach is not to judge another person. No one has the right to insult/judge another human being without knowing the facts. Even if you do know the facts, you have absolutely no business to talk nonsense. Just farting out of your mouths anonymously on a public forum does not make you wise or a person of character. Shame on the low-lives who made ugly comments about OP.





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  • eb3retro
    05-04 09:07 PM
    how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?

    you did all this except being here and working in the place as mentioned in your LC , am i right???:rolleyes:



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  • satishku_2000
    12-21 08:05 PM
    There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.

    Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.





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  • thatwillbeit
    06-06 03:38 PM
    Thanks for your reply wandmaker


    akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form

    I-131 Application Supporting documents

    Copy of I-485 receipt Notice
    Copy of I-140 Receipt/Approval Notice
    Copy of Prior Advanced Parole Document (AP)
    Copy of Biographic Page of Passport
    Copy of Drivers' License
    2 Passport size Photos
    Check for $305 in favor of DHS



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  • theconfused
    12-14 11:59 PM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks





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  • mdforgc
    04-19 08:03 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********

    I had no problem getting H1 restamped from Mumbai though my address is Kerala.



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  • dpp
    02-06 09:01 PM
    Whenever the H1 is transferred, H4 also has to be transferred.





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  • anandksingh
    04-30 10:28 AM
    Just made my contribution.



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  • amsgc
    01-22 09:57 PM
    Now that you have your answer, let me ask you a question -
    Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?

    I hate to break this to you, but your sense of optimism needs a reality check.

    Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.





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  • DallasBlue
    06-23 11:44 PM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.

    --disclaimer: not a lawyer



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  • ashkam
    02-25 09:27 AM
    I agree with wandmaker. File for a transfer to H4 (form I-539) just so you remain in status and don't have to face uncomfortable questions in the future. The moment you get a new job, you can apply for a new H1B which will not be subject to quota. Some people (http://immigrationvoice.org/forum/showthread.php?p=320180#post320180) even suggest that you can start working immediately after you apply for your new H1 and get the receipt. I don't know if that's true.





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  • hopefulgc
    12-05 09:54 PM
    sorry that job is taken.... a monkey does it already.. what are u gonna replace him?


    You mean Visa Bulletin programmer?





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  • thatwillbeit
    05-27 12:26 PM
    I have the same inference as above .....

    Can some please confirm this

    Thanks





    saibaba
    12-05 12:03 PM
    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

    thank you

    After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...

    is this the number u r referring to?





    prioritydate
    08-09 03:14 PM
    Here is my take.

    U - Uninterested
    S - Sluggish
    C - Careless
    I - Inane
    S - Slackers



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