Friday, June 24, 2011

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  • bbenhill
    10-06 05:09 PM
    ^^^^

    Bump ..




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  • drirshad
    08-10 07:53 PM
    Don't miss this ship, get ur medical done in India and file ASAP i m not sure if u go for Consular Processing do u need to here or not. Its only filing 485 u need to be here. Check with ur attorney ....




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  • sam_hoosier
    07-19 02:11 PM
    Try this -

    http://www.uscts.com/?gclid=CNnlr5GitI0CFQGPWAodl2zo0Q




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  • sunny1000
    11-26 06:01 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil

    What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.

    But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.

    You may also want to post your query at www.immigrationportal.com

    In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.

    Disclaimer: this is not legal advice.



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  • rajmehrotra
    10-23 10:02 AM
    The thread title "Please Read" can be improved to something pertaining to the issue in the thread.




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  • gcseeker2002
    06-18 05:52 PM
    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.



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  • mattresscoil
    10-15 02:24 PM
    Hello,

    I am currently working as full time and planning to move to consulting. I have the below questions

    (i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
    Do you think is it OK to move to consulting from Full time?

    (ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing

    Thanks
    sshrika:

    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.

    Best wishes
    Mattresscoil!!




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  • Prashanthi
    08-27 02:17 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.

    IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.



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  • pmamp
    02-22 11:23 AM
    My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

    Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

    Thanks




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  • sheela
    08-23 10:50 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......

    Congrats!!!
    I am happy for you. This wait and hope when the dates are current is very taxing. may lady luck smile on me too



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  • rdehar
    08-26 12:44 PM
    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.
    If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.

    H1 transfers are really tricky nowadays -- there is a big risk.

    Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.




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  • desperatlyinwaiting
    06-15 10:19 PM
    Thank you for the quick response and advise.

    Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?

    I do not have experience with this, so I greatly appreciate your patience.



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  • rayen
    05-27 07:08 PM
    Experts,
    I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.

    Thanks,




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  • sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.

    thanks!
    srini



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  • perm2gc
    06-16 05:52 PM
    I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


    I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
    you can maintain dual status .




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  • ganguteli
    03-24 11:06 AM
    As I understand, Employer needs to pay for H1B fees. If the employee is asked to pay, it is illegal and you can report to DOL and employer will be in big trouble.



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  • micofrost
    09-05 10:48 PM
    Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Thanks
    1. You need to file Change Of Status, I-539.
    2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
    3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.




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  • bp333
    11-04 12:49 PM
    Remind me again, why do we pay these attorney big dollars for??
    This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

    Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.




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  • sunny1000
    12-15 12:37 AM
    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

    Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.

    Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.




    sargon
    11-16 05:07 PM
    This is very clear. An I-485 can not be approved unless its PD is current. So all pending I-485's remain hanging till its PD becomes current. CIS may continue processing such hanging 485 applications in the background, but its final approval is always held back till its PD becomes current again.

    Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.




    ganip
    10-30 03:43 PM
    We applied for SSN today, they said the same thing that it should not be a problem to get SSN. But i guess the best option would be to refile instead of waiting for renewal as i plan to use my EAD and work.



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