Sunday, June 12, 2011

circulatory system

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  • gauravster
    02-08 06:09 PM

    I am in a similar position, but slight variations.

    H1B from Jul 2003. Already on 7th year extension which expires in Oct 2010. My Priority date is Jun 2007 and I-140 is already approved but, I could not apply for I-485 in Jul 2007 window.

    I have the following questions.
    1. Can I change a job ? If so, for how long will the H1-B be valid.
    2. If the H1-B is valid, can the USCIS reject the application if the my current employer decides to revoke the I-140.
    3. If I-140 is revoked, is there is possibility to port the priority date or will it be an entirely new priority date based on new application.

    I have been getting conflicting opinions from different people. A particular immigration lawyer I consulted adviced me against a job change, though I might get a new 3 year H1B, he feared CIS might revoke it if I-140 is revoked (it is quiet clear my employer will revoke the I-140). Is there any guidance/cases regarding the same from CIS ?

    Thanks very much for your advice.
    Much appreciated.

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  • myvoice23
    06-26 10:04 AM
    Did you report that you used AC-21 to USCIS? If so, then it might be triggered a LUD in your 485. Nothing to worrry.

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  • rsayed
    12-14 12:00 PM
    Here is the satement of Senator Salzar on ICE Action and the Need for CIR

    It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.

    Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.

    For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.

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  • sravani
    05-11 06:00 PM
    here is another questions I need to ask, if anyone can plz get them answered it will be great.

    1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?

    It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.


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  • dealsnet
    06-01 08:50 AM
    H1B holders cannot able to incorporate a LLC or S corp. They can incorporate a C corp. But cannot able to work for their own corporation. I don't know in H1B can buy a share at 33%.

    He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.

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  • clockwork
    08-26 12:03 AM
    I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...


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  • rb_248
    09-05 03:37 PM
    No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.

    That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.

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  • man-woman-and-gc
    04-01 06:13 PM
    I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.

    I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.

    My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.

    There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.

    Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.


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  • sku
    02-25 01:53 PM
    This is the News Letter That I got from my attorney.
    TARP Restricts H-1B Hiring for Funds Recipients

    The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:

    � The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.

    � The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

    � The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.

    TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.

    The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.

    The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

    Effective Date of New Form I-9 Delayed Until April 3, 2009

    The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

    Rising Unemployment May Affect PERM Processing

    In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

    Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.

    E-Verify Start Date for Federal Contractors Extended

    U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

    US VISIT Expanded to Include Lawful Permanent Residents

    The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.

    Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.

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    08-05 01:42 PM
    when we do not know what is in the bill why are we assuming he will be calling for
    adjustment of status to Legal Immigrants.

    Grow up.................
    If the title of this thread is what is in the bill then there are so many hurdles before it will even be voted on.

    So relax and smile like pappu :) :)


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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process

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  • gogreen39
    07-24 06:53 PM
    Thanks Canadian_Dream and mrcmic!

    I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
    Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...

    SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)

    Anybody else in the same boat?? Please let us know so that we can track each other's progress.

    Thanks once again!


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  • hellomms
    02-12 11:34 AM
    Should have asked this question a year ago. Sorry, not rubbing it in but if you had applied last year you probably would have had your PErm approved and possibly 140.

    Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485

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  • hazishak
    07-31 11:26 PM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.


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  • old_hat
    04-18 04:47 PM
    Any details that can be helpful for others?

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  • windycloud
    02-01 11:08 AM
    Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.

    With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.


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  • jonty_11
    11-02 10:54 AM
    BTW - I140 has to be filed by a sponsor Company and as far as I485 is concerned, you can do it on ur own, but it has to be based off of LC and I140 approvals which are with your its very difficult to file 485 on ur own..

    Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)

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  • LostInGCProcess
    06-12 06:02 PM
    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.

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  • vdlrao
    11-11 11:38 AM
    But No Assurance is there on this So far.

    09-05 06:19 PM
    Do I need to take separate appointments for my wife....I mean can I take one appointment on one Receipt # and check the status of hers too at infopass? On telephone call they always ask for the applicant when checking the status.

    I'll take an infopass then...did u call us the customer service before the infopass...I am sure they'd have told you that your dependents are approved...I am sure infopass agent see the same screen as the customer reps at the Nat serv centers.



    07-26 10:11 AM
    I havenot received the I-485 receipt yet , is it mandatory?

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