Saturday, June 11, 2011

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  • jonty_11
    02-08 02:13 PM
    I think u should talk to new lawyer abt retaining application and pursuing on the the one with Co X....even though it was acquired. by Y....as long as ur location did not change. If u had a clause stating that ur Job is relocatable u should even be able to retain Co X;s application even though u moved after teh aqisition




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  • leoindiano
    09-15 11:53 AM
    Great Idea...

    I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.




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  • javadeveloper
    07-20 04:16 PM
    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.




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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj



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  • optimist
    07-31 10:58 PM
    ...And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.


    This is so true :( Had we known that such a loooooooooong delay awaits us, we would have thought a million more times before putting our lives in a limbo :mad:




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  • Anders �stberg
    July 15th, 2004, 04:50 PM
    Thanks QJ! They are cute.

    I also wish I could find a way of making the photography money flow the other way. :)



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  • WAIT_FOR_EVER_GC
    11-11 12:45 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL

    I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

    College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

    Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.




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  • poreddyp
    11-13 10:56 PM
    I have a question about VISA stamping.
    I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
    My question is
    1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?

    2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.

    Thanks,
    Praveen.



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  • Hassan11
    03-26 10:49 AM
    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you




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  • gc_buddy
    07-15 12:46 PM
    Hi Friends,

    My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.

    Appreciate any assistance !



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  • kaisersose
    07-26 03:25 PM
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.




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  • cal97
    03-12 02:17 PM
    Congratulations! I am not sure if the online status is being updated. I got my I-140 approval on 3/5/2009 and still shows as pending online.

    Anyways, enjoy your freedom.

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center



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  • pcs
    02-12 12:51 PM
    This is a ground reality. We are a bunch og GOOD but Lazy people




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  • gc28262
    12-19 12:03 PM
    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

    Practice what you preach.
    BTW myself and majority of members on this forum hasn't replaced any American worker.



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  • felix31
    02-12 09:53 PM
    My thanks to all replies,

    Here is the bottomline.

    An interim rule was indeed published in the Federal Register on May 24, 2006, announcing that Premium Processing program would be expanded to include I-140, I-539, and I-765 applications.

    As we already know Premium processing for I-140 is already in effect since last Fall. I am not certain about I-765, BUT the effective date for I-539 under premium processing is still unknown.

    So, as both hubby's H1 and my H4 applications are pending, I will upgrade his H1 and hope that my H4 gets picked up as well. There is at least 50-50% chance for that (if they did not stopped the 'courtesy service for H4s).

    The twist here is that my current H4 expires on March 16th, 2007. AND we cannot send for my (H4 to H1) transfer before APRIL 1st.

    That's why I SO MUCH NEED H4 extension in hand before sending H1 in APRIL.




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  • paragpujara
    04-04 08:21 PM
    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.



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  • dvb
    07-28 02:24 PM
    Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.




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  • gc_kaavaali
    05-21 05:20 PM
    thank you for giving me confidence...did u do e-file?

    I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...

    It sounds like they are processing fast..dont panic keep hope!! Give it some time..

    ------------------------
    EAD/AP renewal--TSC




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  • nat23
    03-14 03:41 PM
    Thank you all for the responses.

    nat23,

    My mother is planning to come to USA during first or second week of may.

    Which city is she landing in the US? The reason I'm asking this is becuase my wife will be travelling from Bangalore to Detroit with my 4 month old kid.

    Do you think you can help out here?

    regards
    Nat




    ramaonline
    07-15 02:10 PM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.




    tabletpc
    03-28 02:50 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D



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