Wednesday, June 29, 2011

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  • transpass
    09-28 12:41 PM
    Hi all,


    This is my first post here, if it is not in the appropriate location please excuse me.

    My company filed my I-485, EAD and AP together.(On Auguest 6th this year) They asked me for only one check for $745.
    I was reading through a few posts and found that everybody had submitted 3 individual cheques for the same...
    Is this ok? Or did my company do a blunder.
    I have not yet recieved any receipts.

    I just had one single check...Don't sweat..




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  • Blog Feeds
    11-09 03:40 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.

    A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.

    While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.

    Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)




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  • go_guy123
    12-11 10:11 PM
    One of my relative did work in Vancouver, Canada with his GC. He got his work permit at Canadian port of entry. Anyway this was long back, so please do your research, rules might have changed since then.

    _________________
    PD Sep, 2004, India
    I485 --Pending since Jul, 07
    AP Renewal -- Approved Dec 10, 08.
    EAD Renewal -- Approved Nov 22nd, 08 valid till 2010.

    yes they can work under NAFTA




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  • ajay
    02-23 12:08 PM
    Gurus,

    I am considering switching my employer.

    Currently I have I-140 and labor for GC approved in 2006.
    Filed I-485 in July 2007.

    My current H-1B expires on December 2009. (9 years on H-1B.... ya that long)

    Based on my AC-21 portability after 180 days of I-140 approval, if I move to a new employer and file H-1B transfer, will I get default approval of only upto December 2009, or can I get 3-year extension based on my I-140 approval?

    Appreciate your answers in advance.

    Thanks,
    Optimizer
    You can get 3 years extension based on your approved I140. Please consult a lawyer before jumping into conclusions though.



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  • Munna Bhai
    11-01 06:56 AM
    Hello,

    My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.

    Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.

    Thanks in-advance for any update.




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  • afordham
    07-09 01:37 PM
    I'm possibly in the same situation - if the company I work for gets bought and the company name changes does this complicate the process? I would hold the same job, title and everything else? This is a real possibility we already made 1/3 of the workforce redundant last week..

    Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?

    What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??



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  • qualified_trash
    07-12 01:12 PM
    Does your employer do all the work or the lawyer?

    All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.




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  • anilsal
    06-16 11:45 PM
    Hello
    Thank you for your time and I appreciate your effort.

    Scenario:
    I have two Approved I-140s (both filed by same company).
    • Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
    • Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.

    Questions:
    1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
    2. Can Info-Pass work instead of writing to USCIS?

    1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
    2) Send faxes same as the letter.
    3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
    4) Take Infopass.

    One of the above options will work.



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  • bpratap
    09-10 02:05 AM
    How do U know if FBI Name check is complete or not ?





    PD - EB3 - Oct 2001
    486 - RD 06/05
    1st FP - 07/13/2005
    1st SR - 08/04/2006 - Shame Background check pending responce
    Transfer to V to T on 03/15/07
    2nd FP - 05/08/07
    2nd SR - 06/28/2007 - Shame Background check pending responce
    FBI NC Cleared - 10/09/2007




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  • nefrateedi
    10-11 07:48 PM
    Yes you can apply for EAD and AP separetly anytime

    The only catch I found out recently is that when you use AP to travel back to US, this may invalidate the H visa and you will need EAD.

    I am still not clear of this issue. I applied for EAD few months ago and found out this may be an issue , so have applied for AP (By e-filing) now

    Using AP to travel does not invalidate the H1...AP is just a travel document, and does not determine one's status in the country. The H1 would be invalidated only if the person switches to EAD.



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  • bowbow
    08-12 10:54 AM
    I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?

    thanks




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  • gemini23
    08-06 03:12 PM
    What your company says is correct. there are stringent rules on posting. I dont see anything suspicious on your company's part here.



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  • invincibleasian
    02-25 11:08 AM
    I graduated in MS (I'm on H4 currently) recently.My previous degree is from India (passed out BCOM in 1999). I dont have any IT experience.

    I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
    Please reply

    The lawyer of your sponser will guide you regarding this.




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  • vemulap1
    09-30 04:57 PM
    I applied for my first labor in 2004 Feb, due to backlog center processing and I140 RFE so I applied for second labor from same employer in 2006 Sept.
    Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
    Later after six months my first I140 was cleared.

    My question to IV Guru's, Is there any process to interfile older priority date to the second
    labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.

    Any suggestions are appreciated.



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  • iv6523
    06-11 08:17 PM
    Hello,
    Can any of you throw some light on these

    To my understanding, if one is maxing out 6 years of H-1B visa on Nov 30, 2009 and doesn't have a way of extending to the 7th year H-1B.Then he has to stay physically outside of USA for 1 year.

    1.Does 1 year stay have to be in the home country only?
    2.Can one come and visit USA for a month[June 2010] or so between Nov30,09 and Nov 30,2010.[Eg: Conference, interview]?
    3.If answer is yes to 2, would one have to stay for another 1 year away from July 2010? or they can come back to US during Dec 2010, if they have a new H-1B job?

    Inputs appreciated.
    Thanks




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  • wandmaker
    11-07 11:12 AM
    AP: You send photos for AP along with supporting documents
    EAD: You will get a FP notice, you will be pictured at ASC for your EAD.

    Hope this helps.

    I have efiled my 765/131 i have some questions :

    1. some ppl have mentioned NOT to send Photos is this true ? Doesnt AP or EAD require pics ?



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  • oliTwist
    12-09 07:28 AM
    Hi All,

    I have a strange issue, paining me since I have joined this new company, ( I am using AC21, since I am on EAD and AC21 is not yet filed). I am one of those unlucky fellows with really long name(First Name) stuck on my passport, and I have been using this all along, as my legal name while applying for visa/485 related activities. However, I go by the last part of the First Name and so all my other records here (like DL, SSN card, Bank Accounts, 401K account, etc) have got the last part of the First Name as my first name.My H1-B visa had the complete first name printed on it, and so I have been thinking, people could see that the name I have been using is in the last part of the complete First Name on the Visa and Passport.

    However, in the EAD card, the name got cut(or incomplete) as the entire first name could not be printed on it. When I showed this to the new employer, they are using the name as displayed on the EAD card(which is not what I go by) in all the accounts they are establishing, like Paycheck, 401K info, ESPP etc.

    Now I am in a soup, I have requested them to use the last part of the first name, which they are chcking with their immigration lawyers. But in the meanwhile, I want to know, does any one has this kind of problem. What should we do if the name is incomplete on the printed EAD card? (Ofcourse once I get GC, I would rather change this damn name)

    Any one has any ideas?

    Thanks
    :mad:




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  • roseball
    04-14 08:36 PM
    If you are born in UK and if you apply for labor certification under EB-2 category (job requirement: Master's degree or BS+5 yrs exp) then your priority dates are current and you can file for I-485 and get your GC in about 1.5 yrs...(ofcourse only if its not stuck under name check or any other complications...)




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  • immi2006
    11-27 11:04 PM
    Hi,

    Couple of my colleagues from 10 Aug filing in TSC got 140 approval last week, same is the case with a few from Nebraska as well, I am still stuck waiting for my I 140 even though I filed ahead of others.




    Mayday
    04-03 06:11 PM
    came back to US on dec 30. Didnt get paid for the month of sept oct nov dec. But i was never out of status as I was in india. ... i have paystubs till aug 30 2009. never out of status

    You actually were out of status since Dec 30 till this moment and you still are out of status. You are immediately out of status once you are not paid for the job or fired, regardless of the fact if employer revokes H-1 or not.

    You can not do H-1 transfer any more. Your next H-1 petition will be a new petition but you will not be subject to H-1 cap as you already have been counted for 6 years.

    So I presume it would safe to get a job offer and leave as soon as possible, then wait for the H-1 petition get approved, stamp H-1 visa and get back.




    tikka
    06-22 12:16 PM
    My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?

    I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.

    and post your question in the birth certificate thread that is already up and running. We have too many threads with the same information and just adds to the confusion.

    thank you



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