Sunday, June 12, 2011

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  • DDash
    08-06 06:04 PM
    Thanks for all your wishes. Appreciate your quick responses friends. Hope every member in this community will get their emails as well.

    Good luck to you all.

    PS: As promised I gave green dots to the responses :)





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  • samcam
    05-19 12:48 PM
    Welcome to our newest member eb3India...





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  • kondur_007
    02-23 08:37 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.

    First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).

    She starts to accure illegal presence starting from Feb 22.

    Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.

    Good Luck.

    ps: I am not a lawyer. Follow your lawyer's advise.





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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)



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  • kumar v
    07-27 07:14 PM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?





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  • adibhatla
    04-01 06:04 PM
    In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

    The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

    In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

    And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

    I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

    The only option is to go with the MTR and hope for the best.

    By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

    I will you good luck.



    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,



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  • ksrk
    06-02 07:01 PM
    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali

    Sorry Murali, I wasn't clear in my earlier post.

    1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
    2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
    3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.

    Hope this clarifies my earlier post - sorry for the confusion.





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  • gc_relief
    04-27 03:09 PM
    Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

    Labour Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2008..
    My I-140 Approve date is Sep'24 2008

    My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..



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  • txh1b
    08-17 06:19 PM
    Job title is secondary when it comes to AC21. The descriptions is what should match for the same/similar category. However, what a PM does in terms of planning and directing a team is not same/similar as what a Technical lead or Architect does, at least in the company that I work for.





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  • dealsnet
    03-05 02:26 PM
    You didn't mentioned, how you are going to file AOS.
    Is it employment based? or family based.?
    If employment based, please fill your info.


    I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

    I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

    1. Buying/selling stuff online under my business name
    2. Contract work/1099's- built website templates for clients

    I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

    On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

    My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

    Thank you.



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  • needhelp!
    07-25 10:57 AM
    Not flowers ... any other time, an emphatic YES.

    But we just used flowers as a sarcastic "Thank You, USCIS" .... so it is not the best idea ... just a note of Thanks, email or letter - to let her know we are grateful for her stance. It is important that we acknowledge the efforts of people who work to help us.


    Everyone is going to think twice now when they get a bouquet of flowers.. lol





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  • sunty
    08-27 02:55 PM
    2 year EAD here as well..I-140 has been pending for more than a year now..



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  • uma001
    05-17 03:02 PM
    How much time is it taking to get PR. Is it 3 years?





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  • chanduv23
    06-08 07:20 AM
    I have a NY lisence and it says on top "Temp visitor, expires 05/29/2010" which is the date on my i 94. So around that time I have to go get that extended to whatever temporary date my status gets extended. What a pain.



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  • drirshad
    10-24 06:57 PM
    Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.





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  • bikram_das_in
    04-20 09:48 AM
    Immigration reform is for all.....

    1) Path to citizenship for undocumented workers
    2) Relief to backlogged EB/FB immigration - pork for us
    3) Foolproof border security and enforcement of immigration law - pork for Antis

    So it's a win win for everybody. We should support this march and show our solidarity to CIR.



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  • h1techSlave
    04-09 09:45 PM
    In my experience, the best Realtor is the the guy who would stick with you, when some unexpected things happen in the deal. Example: One of my friends purchased a home. After every thing was done, they noticed a major repair costing a couple of $1000. When my friend talked to the seller, the seller simply washed their hands off, saying the deal is over. Then my friend contacted the Realtor and explained the situation. And the Realtor took over and got the repair done by the seller with only a nominal payment from the buyer.

    If you buy a home worth 300,000 and if the Realtor gives back 0.5% (typical) or even a 1% that amounts to only $1500-$3000. Not really a very big amount considering the cost of the house.

    I would answer this:
    The best realtor is the one who can give you some money back from his commission...:)





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  • reddog
    07-13 04:24 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Once while coming back from from Mumbai via Delhi, we did not have to change the flights, sat in the same flight to London.

    And on other occasion where the connecting flight was Sahara to a Local Indian airport, we had to take our luggage and go to the Delhi domestic airport.

    While in both cases, the Airline would arrange for the transport, Delhi has an inside route for passenger transfers(other vehicles are not allowed), while in bombay the bus goes thru the city, where the traffic is always severe.

    In both the airports, if you are landing in the late morning (after 3-4am), you should follow up with the local airlines transport co-ordinator( bus driver ;)), to see what time is he gonna wake up and take you to the domestic airport.
    Once when my inlaws were transferring from Bombay local to bombay international, they took a cab instead, as Jet airways did not have a bus ready to take the international passengers when they got out of the airport.





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  • ajay
    06-07 05:11 PM
    Guys who get RFE should keep a close watch on the receipt of the notice within 10 days from RFE issue date, if you don't receive it make sure you call them and get the RFE faxed or resent, the deadline to RFE respond wont be extended no matter what you do, this is based on my personal experience.

    I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
    Thanks for the info. Please try to update the status of your RFE when it is done.





    gc_on_demand
    03-17 10:40 AM
    Even I have received the RFEs as well on pending I-485 cases for me and my wife. My PD is Mar 2005. I am also wondering about the RFEs. I'll share mine as soon as I get those.

    update profile first and help community..





    garybanz
    10-28 01:45 PM
    You may get your green card with out giving a new set of finger prints. Sometimes, you will get the green card first and then they ask you to give the finger prints if necessary.

    In my case, I didn't have to give FP for receiving the physical cards.

    How long did it take for you to get the card after the case was approved? Also when your case was approved did the status change to Card production ordered immediately or was there a gap between approved status and card production ordered status?



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