Tuesday, June 14, 2011

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  • pt326bc
    10-02 03:54 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks
    That's the fundamental idea behind the green card process; Green Card is for a "future job".
    There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
    There is also no legal requirement you even be in US (ever) before the process is initiated.
    The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
    Regards.




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  • leoindiano
    06-29 09:28 AM
    Lawyer said they filed on 21st and waiting on the decision. Hope my application is not effected.




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  • chanduv23
    04-22 11:58 AM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee




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  • vts31
    10-22 04:23 PM
    wtf! u guys are fast!



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  • heywhat
    08-03 06:47 PM
    Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...




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  • optimist578
    03-18 12:34 PM
    Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572

    ----Quoted from website -----------------

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
    Status: Introduced
    This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

    Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
    Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.


    Bill Sponsorship & Cosponsorship Statistics:

    Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
    ================================================== ====

    How encouraging is that?

    Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
    ---------------------------------------------------------------------
    Still fighting on... $50 p.m. + Lobbying with local Representatives...



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  • gcnotfiledyet
    03-27 01:53 AM
    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.

    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?




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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.



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  • raysaikat
    04-07 12:02 AM
    AC21 allows you to change jobs after 180 days of filing.

    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.




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  • lazycis
    11-30 11:54 AM
    It usually takes a long time for them to fix their own mistakes. So do not lose sleep over it. Write to the director of the service center. If that does not help, complain to CIS Ombudsman



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  • ashmeetk
    07-12 03:21 PM
    says you are exempt from cap if you held H1B status anytime in the last 6 year


    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help




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  • masti_Gai
    12-20 09:29 AM
    u don't even know what a labor is and u gotten through ur 140 stage... sounds weird tho...:rolleyes:



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  • sunny1000
    11-08 03:55 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

    Carry the Following Documents with You


    Bring the following documents to your scheduled interview:

    A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

    Your confirmation page (printed on a laser printer).
    Appointment letter
    HDFC Bank fee receipt

    In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
    One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.


    Note: Please obtain a new passport prior to your interview if:

    - The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

    - Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

    U.S. visas cannot be placed in damaged passports.

    If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

    Plus

    I-797 - the original notice of approval,
    The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
    The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
    Original, plus one copy, of your work experience letters from your previous employers

    First time applicants may consider submitting the following documents:

    Pay slips from current or most recent place of employment
    Names and current phone numbers of the personnel managers at the applicant's present and past jobs
    Photographs of the inside and outside of current or most recent employer's place of business
    Names and contact information of two co-workers from your current or most recent place of employment
    Names and contact information of two co-workers from past jobs
    A complete resume/bio-data and cover letter describing current job duties in detail
    Personal bank records for the last six months
    US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

    The Consulate will not accept documents received directly from the company by mail or fax.


    If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.


    All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

    Good luck with the stamping and God bless.




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  • aau
    08-08 10:34 AM
    Sorry to hear about your friend's situation.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



    Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).

    Think before you write..



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  • hopefulgc
    08-19 12:43 AM
    good research and info.



    I posted the following at another forum on this topic:



    It is from this link:
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.




    This is from FR 17172 which you can find at:
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172




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  • lazycis
    06-05 10:14 PM
    In such cases, the PO Box owner or auth rep. takes the note that is left in the PO Box and collects the mail piece. This also applies for signature confirmation and other USPS services that requires a signature

    I second this. Eventually it will be delivered and signed off.



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  • tikka
    05-29 09:40 PM
    I went to the web fax link from the home page and sent out the only web fax that was there.

    to all the states right?
    i mean you can click on on each state and send one by one

    this would really help. we are trying to send 3,000 faxes and your contribution would be be great!

    thank you




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  • jaggu bhai
    08-10 09:18 AM
    We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.



    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.




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  • xyz2005
    10-23 02:43 PM
    the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days

    any suggestions.

    So many options:
    a. switch over to a "similar" job with another company on transfered H1B to new company.
    b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.

    Again check with knowledgeable attorney before acting. These are my 2 cents

    best regards




    dagabaaj
    02-11 12:08 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.




    vishwak
    08-13 10:51 AM
    History:


    Question for fellow IV members :
    By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?


    Can someone shed some light on this: Am I right or wrong?
    Does this affect her or mine, pending 485/AOS ?


    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......



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