Wednesday, September 7, 2011

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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck





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  • nozerd
    09-07 10:09 AM
    For LI you need to have worked with foreign company for at least 1 yr. I have worked for ABC USA for 7 yrs but not ABC Canada yet. I think for L1 I should work for ABC Canada for more than 1 yr.

    Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.





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  • lostinbeta
    10-20 04:02 PM
    Ah, so painter is really the best if you have a tablet, but if you don't have one, then you shouldn't bother????





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  • go_gc_way
    05-25 10:37 PM
    My sincere , Thanks for your support & help provided to IV.

    YOU ARE GREAT.



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  • karthikgk
    10-19 07:13 PM
    Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".

    I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.

    I will update once i get more clarification.

    Hello,

    Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.

    What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?

    Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick





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  • raju6855
    02-06 09:49 AM
    What number do you call?

    Thx



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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.





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  • eb3_nepa
    10-02 01:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.



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  • raju6855
    02-06 09:49 AM
    What number do you call?

    Thx





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  • GCBy3000
    11-21 05:57 PM
    I live in a small town and work for fortune 100. Last month I saw some 10 Indian families in my small town and wondered what they are doing here? There are only two big insurance companies here and the other one does not have any H1bs. In my company there are four H1bs.

    When I talked with them, they all came here for the first time from Accenture India. It was interesting to know that those guys are team leads and PMs back in India, but are mere programmers here. They say, they are not involved in any managerial or design activities. All they were given instructions from the perm employees on how/what to do. When discussed more, they said that is how Indian consulting and American companies work. We are PMs and leads only in India, but not when we are deputed to US. But if we go to UK/AUS, then we do the real PM job but not in US. Also 80% of Indian companies revolve around US projects.

    The reason for me to say this now is I was thinking all these days that I lost big opportunity because I did not move back to India in right time. This is not true. Even if I decide to move back now, I should be able to get Sr.PM job. I learnt a lot from those guys about the Indian market. After that I felt the only thing I missed is Indian food.

    What makes you say that there will be a spike in the PM jobs?



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  • ags123
    07-26 09:57 AM
    I recently got my Eb2 India Employment based I-485 approved. I am going to file my spouse's I-485 soon and was wondering what address I should send the forms to.

    The direct filing address says
    USCIS Chicago Lockbox

    For U.S. Postal Service (USPS) deliveries:

    USCIS
    PO Box 805887
    Chicago, IL 60680-4120

    For Express mail and courier deliveries:

    USCIS
    Attn: FBAS
    131 South Dearborn, 3rd Floor
    Chicago, IL 60603-5517


    However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.

    So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes





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  • terpcurt
    January 6th, 2005, 09:00 PM
    of the technique....

    on the back layer, use gaussian blur, then erase, getting a sharper than background coloured bit.

    add some saturation....

    whadddya think?

    Robhttp://images8.fotki.com/v146/photos/1/173093/1080432/2flower-vi.jpg


    I see what your getting at...... yep... I do like that too.... still have a lot to learn :D



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  • PD_Dec2002
    07-06 11:19 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave

    Answers to your questions.
    (a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
    (b) No.
    (c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

    Good luck

    Thanks,
    Jayant





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  • priderock
    11-29 03:28 PM
    senorita..raj here...

    here comes the answers for your responses...


    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.

    Hope this helps....

    It is not true. H1 is valid until its validity date.



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  • larmani
    04-29 01:50 PM
    Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.





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  • morchu
    05-21 09:39 PM
    1. No
    2. ??? don't do any amendment. Just file a new eb2-140.
    3. No as long as you leave your EB3-140 as it is.

    Attorneys or Gurus please:

    I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

    1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

    2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

    3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

    Regards,
    Raman



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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?





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  • fromnaija
    07-18 06:41 PM
    I am in the same situation. I have read through the 485 Adjudicator's Manual and would infer that if you are working for the petitioning employer, the employment letter may be RFE. I am still searching for more information on this issue and will post if I find anything.

    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..





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  • lostinbeta
    10-03 01:33 PM
    Well then for all you know, your equation could equal less than mine :evil:





    insbaby
    07-16 07:05 PM
    Hi,
    My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

    Please let me know if PCC is must from US consulate only

    Hopefully you have not sent email to US Consulate, Delhi asking what they suggest on this.

    Looks like you have not been to India for a long time.

    Even local police personnel are well educated on why you are looking for police certificate and its value. Also if it is related to US Immigration, most of them have instructions on what to do.

    So please be prepared to face it. If you end up doing what you have asked for, it will not be that much cheap.

    A coffee in a Level 3 city costs Rs.25, A lunch costs Rs.60- Rs.100. Do you think a PCC can be obtained for Rs.100 - Rs.200 targeted towards US Immigration?

    You will be surprised to see yourself counting every $ spending in India. Thats the reality now.

    Basic Rule: Be patient on any treatment you receive if you want to get your job done. At this short time, do not send passport in mail/fedex/ups/usps to any place. Even if it is expensive, travel.

    Good luck.





    xu1
    07-28 05:44 AM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks
    Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.



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