Tuesday, June 7, 2011

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  • kshitijnt
    09-16 05:21 AM
    My AP was approved last week (Monday) still to get in mail.

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  • payur
    09-07 02:50 PM
    As I understand, your GC application is based on your husband's I-140.
    Does your husband work for a different employer or the same employer as yours?

    If different, you can kick your employer's A$$ and they can't do a thing.

    If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.

    If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..

    BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..

    What a co-incidence....:):):)

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  • virginia_desi
    02-13 03:28 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

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  • Prashant
    05-22 11:04 AM
    I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..

    Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up

    I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #

    You have to have ur petition no.. (SRC #) ..


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  • sands_14
    10-17 02:30 PM
    What is yr name if I may ask?

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  • msyedy
    01-25 11:28 AM
    Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?

    How nuke bill is related to SKIL bill......

    Admin close this forum.


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  • Rebecca Black

  • brb2
    03-26 09:11 PM
    I guess USCIS will go by the degree first and then look if the field is related. The lawyers in this country are pretty good in converting anything to a high skills job and justify the labor shortage. For a starter an US MS qualified guy can be sponsored for an H1B for optimizing the fuel stocks (read gas station attendant).

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    07-09 11:37 PM

    Have no idea where is USCIS ....If me being there would make a difference would be there ...please call me anytime whne you read this msg ...

    My number is 703.371.7445 M



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  • vamsi_poondla
    09-21 03:18 PM
    Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.

    Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS

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  • Sachin_Stock
    02-02 10:00 PM
    Thanks for you concern.

    I would appreciate it if you can answer to my specific question. :)


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  • desi3933
    09-25 03:22 PM
    Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?

    >> Will USCIS expect I-94 which is not older than 6 months or something like that?
    No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.

    *** Not a legal advise ***

    Proud Indian-American and Legal Immigrant

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  • immiusa
    09-16 07:56 PM
    Hello gurus,

    What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses


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  • gc_chahiye
    10-17 03:32 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.


    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer

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  • gaz
    04-23 09:33 AM
    why not just a tracker? its something that will be needed until the gc is approved - and is a recurring question. the tracker could also provide stats about current approval rate etc.

    I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.


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  • dpsg
    04-05 01:10 AM
    I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
    freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.

    We should define ground rules for ourselves which will lead to efficient use of core members time:

    1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
    2) Keep one long thread without duplication.
    3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
    4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
    5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
    6) Never use derogatory remarks, even against proven distractors.
    7) Please put forward only genuine concerns clearly to avoid misunderstanding
    8) Ignore "whiners", But fully respect people with genuine concern/objection.
    9) Please put forward only thoughts relevent to scope of current forum/discussion..
    .. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
    10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
    by not only passionate for our cause , But also professional in our responses.
    11) Try to propose ideas which are attainable/pragmatic or You can add words like "I would like to see".
    Definately All of us want some resolution out of this problem, But setting too aggresive milestones may results in
    taking off eyeballs from low hanging fruit, wich IV is going after to begin with.

    Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.

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  • shamin_a
    12-09 10:54 AM
    Is Visa recapture part of this bill?


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  • snathan
    11-28 12:00 AM
    Thanks for your reply. Since I won't be working for Company A, so I have to tell them the situation. If Company A is willing to keep my H1B with them active, until Company B gets my H1B approved, you think that will be OK for me?

    I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?

    I appreciate your help!

    I dont think the H1B from company A and company B are related. Since you are on OPT which is a valid status, you may not need the H1B from company A. Moreover there is nothing called transfer. Every time its new H1B only you wont be calculated against the cap if you are already in H1B.

    Also you dont need to join the company A and technically they can have the H1 valid and need not cancel it. Means you can have multiple H1 valid at the same time. But there are restrictions how many pay roll can run.

    Simply, just leave the company A's H1 intact. Once your Company B is approved you can tell them or work for one month and leave company A.

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  • venky08
    12-20 09:06 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    I called USCIS and created a new service request. Hope they will do it right this time.

    My worry is if this is NOT FP notice, and something else, will it effect my application in anyway since I could not respond in a timely manner due to address change.

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  • Jerrome
    10-18 01:29 PM
    Is it possible to track 140 without the receipt notices.

    01-30 12:14 PM
    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.

    Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.

    10-29 01:49 AM
    bump...Washingtonians.. please come and join us for the meet!

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