Sunday, June 12, 2011

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  • vgayalu
    06-19 09:53 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.

    I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
    I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.


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  • uimv
    03-13 02:25 AM

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.

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  • gc_kosam
    06-02 02:09 PM

    My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

    2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:

    3) If they have to file I 140 again for this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.

    Please Guru's share your thoughts.

    Thanks in Advance

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  • kaushik07
    10-30 08:13 AM
    Iam july 2nd filers for I-485, I-765 and I-131 at the Nebraska Service center. Haven't seen any activity yet. called the USCIS last evening and the answer I got is still not in the system. Is there anyone who is still in the same boat? please update!


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  • modvik
    05-25 12:12 AM
    Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.

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  • Suva
    01-19 10:43 AM
    I saw two similar cases in my organization.

    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.


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  • thatwillbeit
    05-24 08:37 PM
    Does EAD & AP have to be sent to the same address if we do efiling

    Thanks in advance

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  • s416504
    08-29 12:24 PM
    I saw many 2nd July Polls but doesn't have full proof information.
    So thaught creating New Poll.
    Hope everyone will participate in the Poll.


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  • a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:

    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".

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  • sledge_hammer
    06-29 09:56 AM
    Please take this new poll based on your latest situation.



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  • Administrator2
    03-25 10:32 AM
    Hi antony,

    Sorry to hear that. Could you please email us ( a number to reach you.

    Is there something that another member on the forum can do to help antony?

    Thank you for speaking up for yourself and the community.

    I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
    They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
    Really sad that I cant join their team.
    I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?

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  • waiting4gc
    07-17 08:31 PM
    I think if there is one bouquet from iv core sent to her that should be good enough. We are not trying to draw undue attention to her office by filling it with flowers:)


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  • GCaspirations
    09-21 10:39 PM
    My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
    I would like to know if anybody of you have received finger print notice. I have not received it yet.

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  • vxb2004
    04-28 09:21 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.

    My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.


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  • manderson
    01-14 02:21 PM
    since you are going to be an entrepreneur on EAD, your circumstances are kind of special (i.e. a GC or citizen entrepreneur doesn't have the extra baggage we carry). so u can join your state chapter in addition to the SBA.

    also look into the Wall Street StartUp Journal - lots of good resources there.

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  • jsb
    09-01 04:07 PM
    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

    There is no need to unnecessarily delay your plans. If your wife gets new card before leaving that's good, otherwise just use your AP.


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  • jungalee43
    01-10 08:12 AM
    I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.

    Here are contact details: -

    Murali Bashyam - Managing Partner
    Bashyam Spiro & Edgerton LLP - Immigration Law Group
    919 833-0840 x28
    919 833-4722 fax

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  • gc_hopful
    06-04 04:06 PM
    My status on the DOL website shows 'CERTIFIED'. How long after status 'certified' will the attorney get hard copy of the approval notice so we can proceed wth I-140. It has been almost 1 and 1/2 weeks since I saw my status as certified.
    Also, how soon after applying I-485 can we travel abroad.

    Thanks in advance.

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  • ascetic
    04-30 11:49 AM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.

    04-24 03:07 PM
    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL

    If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.

    If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
    you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).

    03-31 10:03 AM
    Yes you can go for stamping in Halifax if you didn't change your employer.So if you going for restamping while working with same employer you are eligible.

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