Monday, June 13, 2011

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  • stones
    07-08 05:33 PM
    Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.

    In my Internationa office ther gave me this email

    # On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
    # 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
    # On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
    # On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.

    Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
    make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
    you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
    we recommend that you speak with an immigration attorney immediately to review your options.

    I have attached a list of recommended immigration attorneys.

    If one of the recommended immigration attorneys provides information in regard to your situation that would be
    helpful in our response to the second RFE. Please forward all information by July 20th.

    Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
    H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
    where you will obtain your visa at so we can provide USCIS with this information.

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  • tuhin
    03-28 08:14 PM
    You guys talk as if we propose and they accept. get back to realty, please.

    After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

    You are talking about a radical chnage in GC.

    Get real. Get real. Let us get out of this child like proposals.

    Obviously the efforts of us, IV and QGA have not been sufficient. I am not
    in the least balming anyone. I for one feel IV has done exemplary work.

    But the critical question is do we need to do anything different ?

    Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
    apathy and seeming ignorance to our issue on the part of senators. After all
    our efforts. What went wrong ?

    Core IV members please share your frank thoughts.

    This is harsh but true. How can we make ourselves heard? Even the corporate world is pushing for higher H1 limits. Do they care about our I-485? No! In fact if you look at it, they are better off with us stuck in H1 and waiting for our EAD. This is not my assumption, but is based on an informal discussion with one of my dept. heads. We don't think we, the legal immigrants, can go out in a half a million strong rally. Can we? what options do we have now? I do remember how the favorable clauses were just trashed away, way back in jan'06.

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  • satishku_2000
    12-19 02:19 PM
    I called in senators office and the person asked for my zip code and I told him that I apprceate senator Cornyns efforts in trying to pass the SKIL bill.
    The person told me he will pass on the message. It takes less than a minute to make the call so folks I encourage to you make the call.

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  • f1togc
    09-09 01:47 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
    Babu is right, you will be a parolee and can still work for your h1 sponsoring company.


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  • amsgc
    01-22 10:13 PM
    Alright - good luck and sleep tight!

    Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.

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  • Makaveli
    11-18 01:22 AM
    now...mdipi wouldn't vote for himself using that account would he?! =) :evil:
    i think lost's looks better...that flower looks sweet....nice try mdipi, i see an improvement from the images you made b4


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  • vkmurthy260
    06-25 11:32 AM
    If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .

    Hope this is information is usefull.



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  • rangaswamy
    06-21 09:34 AM
    Thanks for all the replies. Its a very good point that the medical wil get delayed as i have mine scheduled next thursday.

    Will see if there is any work around.

    Also... You can submit your husbands work papers as you are a dependent.

    If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport

    I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.


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  • bluekayal
    09-19 02:17 PM
    I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
    In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

    One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).

    My lawyer says we will not win and does not want to do it. Any advice?

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  • snhn
    02-16 11:40 AM
    at the interview for my mothers. the lady said, FBI finger print check is different then name check.. People get stuck in name check because they may have a common name. So for example one with a very common name and a long one, will be stuck in name check for a while. Name check is done the country where you are from. FBI request that from the native country. I know lots of Inidan who have long names, have been stuck for a year to 2. Same token Muslims with names like Mohammed, will be stuck for years.

    also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..

    Go figure....


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  • Munna Bhai
    01-08 10:52 AM

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?


    photo copy is fine

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  • gondalguru
    07-26 06:38 PM
    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.

    And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.

    Probably you will get RFE and not rejection.


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  • pappu
    10-17 07:42 AM

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?

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  • hobbyaddict
    November 30th, 2008, 03:04 PM
    If there are any Nikon folks looking for an extra camera or upgrade ... Abe's of Main has a great deal on the D300 (USA)... $1300.00 with 4gig memory card + free shipping.
    MUST INCLUDE coupon codes... expires tonight @ midnight

    DS160X (160.00 DISCOUNT)
    LOYALTY10 (10.00 Discount)



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  • PDOCT05
    10-29 11:27 AM

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?


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  • lelica32
    07-30 07:15 PM
    NSC: LUD 7/27/2008 I-140
    EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007


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  • chi_shark
    05-07 11:14 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.


    what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?

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  • somegchuh
    11-13 05:38 PM
    So just to have the last word you somehow went in deleted all the following posts after your post? Good going!

    Some people are really highly sprung and get mad very quickly!
    If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
    Saying that, you are right: attorneys do screw up. It happened to me...
    But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.

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  • anilsal
    07-09 08:54 PM
    nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.

    It would be great if members are able to make it to this event.

    Come on IV members in DC region, show some spine. Do not waste a single moment to be in the limelight. We are skilled immigrant applicants.

    01-06 11:00 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!

    "That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.

    My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House

    09-24 10:33 AM
    Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....

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