Wednesday, June 15, 2011

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  • sujitp@gmail.com
    10-05 03:44 PM
    Please delete this post




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  • GCMan007
    03-13 01:02 PM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..

    That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated




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  • naturopathicpt
    06-25 10:15 PM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT




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  • grupak
    08-15 07:40 PM
    Thank you all for the good wishes!

    Good to see you Jazz.

    Congratulation,


    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this


    My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.

    But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.



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  • arsh007
    04-14 07:22 PM
    Hey all,

    I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

    I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
    I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

    I have another job offer (permanent) from a company in bedford, boston.

    The problem is they (like most) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No promises. :confused:

    So Questions:
    1. If the new employer submits labor after my 6th year starts, what are my options? (is it risk?)

    2. I may not be able to port PD from my current employer as my I140 is still ending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the other employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

    3. Another option I can think of is, give up this offer.
    Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch. Is this even a practical option?

    Appreciate any opinions.

    I would go with option 3 based on your current situation. Getting your 3 year H1 extension after I-140 approval should be your objective. You can always switch companies after getting the 3 year extension, restart your GC process (PERM and new I-140) and port your PD from the approved I-140. Good Luck.




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  • Texascitypaul
    02-23 06:15 PM
    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________


    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Thank you for your time it is very much appreciated,

    Paul



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  • sandy_anand
    01-24 10:12 AM
    TeddyKoochu, based on the 2010 report, can we estimate what the total EB quota would be for 2011?




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  • thomachan72
    11-12 06:11 AM
    Hi was an educational evaluation submitted along with the application?? Usually for degrees from non-US universities while filing the H1b application they require us to submit an educational evaluation along with copies of the certificates/transcripts. If you had not got your wife's degree evaluated and submitted that report then that might have triggered this rfe??



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  • bluekayal
    08-20 02:24 PM
    I've tried several times recently to check my status at TSC. Each time I get the same reply, " We do not do status checks any more. Please contact National Customer Service, and do a referral and open a Service Request."
    I'd love to know how others are tackling this new obstacle!




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  • xyz2005
    08-08 07:55 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards



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  • Green.Tech
    03-03 12:36 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.



    Sounds like you are one of those fake profiles.

    No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)




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  • wandmaker
    03-30 11:10 PM
    Congratulations....
    A couple of questions, which could everybody in analysis
    - Did you use EAD ?
    - Did you use AC21 ?

    Thanks

    Can you please fill your profile (chargability is missing....), this will also help IV to analyze (slice and dice)



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  • tulips
    05-24 03:02 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!




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  • jumanji4u
    04-08 09:36 AM
    Hmmm....strange good words does seems like working....its all started with good news, then it went to universities ...now to a communities...sometimes the old words seems very very true..how ever you try to make the dog's tail straight ..it doesn't work..

    Great people....you knowledge and education has come to great use..hats off..



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  • nkavjs
    10-18 10:38 PM
    July 2nd Filer.
    RD : Oct 2
    Receipts mailed : Oct 8
    EAD cards : Oct 1oth issued.. recd. Oct 18th
    FP pending
    AP pending




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  • Better_Days
    11-03 07:13 PM
    Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.

    Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

    Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

    Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.



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  • sriswam
    06-28 06:33 PM
    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com


    Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.




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  • forever_waiting
    04-07 08:35 PM
    its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.




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  • japs19
    01-07 02:57 PM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

    I am not a lawyer so it would be best to consult one.




    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.




    ARUNRAMANATHAN
    06-20 08:50 AM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!


    See the Requirements for the same ....

    Lot of Documentation needed; look at the theard for 485/EAD filing
    In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...

    One of my friend is in the same situvation and this is the way we are proceeding !



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