Monday, June 13, 2011

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  • manisha5
    07-17 05:45 PM
    Hurrah!!! :D
    You guys did it.

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  • GC Struggle
    04-10 03:54 PM
    EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.

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  • deecha
    07-16 09:44 PM
    Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.

    Both the parties can be prosecuted for this for soliciting the information for which you have no authority to receive except following proper protocol

    Well, that's true but I was being facetious. :-) I am an IT manager and I am aware of laws and regulations. My real intent was point #2. Have said that, I must also say that too many laws and excessive bureaucracy is the bane of this society (and other countries too, like India).

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  • Refugee_New
    08-02 12:47 PM
    I'm surprised u got a 2 yr extn despite the fact that ur case is current. When did u file and which date was it approved?

    i e-filed my ead on the last week of june. sent documents during the first week of july. July 17th, went for FP. Got the approval two days back


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  • karthkc
    05-11 02:46 PM
    This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

    USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

    In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

    Hope that clears it a bit!


    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.


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  • RareRFEon485
    04-16 10:05 AM
    Please explain how you have worked in Illinios for XYZ company( my GC sponsoring Company) living in MN,WA and TX.

    This was one line description I got as RFE on my I-485.

    My 140 is approved in Dec 2007. I had 1st RFE on I-485 for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.

    Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?


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  • immi_seeker
    09-27 03:29 PM
    Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.

    Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?

    I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments

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  • anjs
    11-15 02:02 PM
    Can some one post the link to TN chapter


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  • nk2006
    05-02 12:03 PM
    a. If I move now, can I take my 3 yr extension filed by company A with me or

    I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
    I think you can join the company immediately. To be in safe side you can apply for transfer in premium.

    As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).

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  • AK_GC
    02-13 05:28 PM
    The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.

    Thank you Sathweb.


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  • pappu
    08-23 01:58 PM
    Do not spam the forum by posting the same post more than once.

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  • speddi
    10-15 01:17 PM
    this is the response I got from our company attorney..

    If you use your EAD to work part time for another employer, then you would no longer be in H-1B status. However, the H-1B petition would remain valid but you would not be in H-1B status (your stay in the US would be as an applicant for adjustment).


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  • baleraosreedhar
    11-09 02:50 PM
    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated

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  • beautifulMind
    02-24 09:03 AM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.

    No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140


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  • shreekhand
    02-07 09:25 AM
    A huge chunk of Indians who come and file for asylum are fraud cases - citing ridiculous and manufactured cases of political/religious persecution! The article itself cites experts and analysts with their surprise. Somehow don't know why the people of the states mentioned in the article are so desperate ! Dynamic and risk taking, certainly they are, no doubt ... but looks like they don't see the limit... crossing levels of illegality and greed. Disgrace to the country!

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  • salaryVictim
    06-09 05:34 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.


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  • bongopondit
    08-11 10:13 PM

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!

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  • redcard
    09-27 07:49 PM

    Dont see anything you mentioned about shortage of workers on Marketplace.

    It would be great if we can get some support from David Heenan like Richard Florida.

    Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..

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  • Libra
    08-28 10:11 AM
    guys, please contribute to DC rally in whatever way you can.

    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.

    12-26 10:16 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?


    any answer please? When I am working on H1-B, why should I keep my EAD current?

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