Huwebes, Hunyo 30, 2011

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  • hourglass
    03-02 02:23 PM
    I organized a Conf Call for SoCal members last friday, but only Pappu (Admin/Moderator) turned-up. It was disappointing to see that few people care to participate. I did get couple of messages from folks who could not make it. I appreciate their response.

    Socal members,

    Can we do that on some weekend..




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  • amar123
    11-24 08:20 PM
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  • abcka111
    05-01 06:57 PM
    My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:

    1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?

    2. If he finds a job after getting fired, will he be out of status till he finds a job?

    3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?

    4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?




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  • sreddy80
    10-23 10:21 PM
    newyorker123,
    this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.

    ssingh92,
    I just applied the FOIA and just crossed my fingers. Lets see how it goes...

    Thanks for all your radvise and support!



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  • graviyera
    03-08 12:00 PM
    You dont need transit visa if you are traveling thru frnankfurt (my 2 cents...just travelled in Lufthansa with expired visa but valid 797...no problems...however i heard it wld be a problem if it were United...so check with the airlines).....keep in mind that one might get stuck anywhere between 4 to 8 weeks if stuck in 221g administrative processing while getting stamping in India (in my case got passport and 797 in 23 days)....something to be aware of....my friend got stamping in india with only 6 months of 797 validity remaining....hope this helps




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  • smuggymba
    12-09 06:25 PM
    LOL.

    Forget about Indian or Bangladeshi - what is your real citizenship?

    Are you indian just born in Bangladesh or a Bangladeshi who was enjoying indian citizenship until you realized it's a retrogressed country.



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  • chanduv23
    09-16 10:08 AM
    And what about Tri State folks - Tri State has the largest pool of talented skilled foreign workers stuck in the logjam.

    All you have to do is just come forward




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  • karthik204
    09-11 04:58 PM
    Hope this helps



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  • cjagtap
    08-07 04:36 PM
    me 2 ..they (TSC)told me that 2 nd july filers will get receipt no by mid of august..hope that true..




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  • muhamm5
    02-05 10:54 PM
    I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
    Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
    By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
    . help will be appreciated



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  • Krilnon
    06-30 12:29 AM
    I think the idea is that you can choose to make your designs in to actual shirts that you sell… but it's not required as part of the competition.

    In the original t-shirt contest, people were required to put their designs on Cafepress so that people could actually buy the shirts (I have two of them). Kirupa took issue with that this time:
    My main issue with t-shirt designs is that it requires having someone sign-up on cafepress to be able to add their design to a particular t-shirt.

    So, this time, you aren't required to make your shirt purchasable. Hypothetically, you could put it up on Cafepress or another, similar site. I think it'd be cool if everyone did that, but I'm not running the show. :kommie:




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  • marco
    10-09 10:55 AM
    120 days



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  • Biking
    05-24 11:34 AM
    Can anyone tell me what is ADIT processing?




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  • snathan
    08-09 01:03 AM
    Hi all
    I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.

    My question:
    can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .

    Thanks in advance .

    If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....



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  • Blog Feeds
    06-19 01:20 PM
    AILA Leadership Has Just Posted the Following:


    As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."

    Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.

    This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)




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  • goel_ar
    08-08 08:38 AM
    I have exactly similar statistics as below case except I-140 filing date = May 10, 2008.

    Can I expect something soon, if there is no RFE? Mine is at TSC too.

    http://www..com/discuss/140/76287871/



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  • geve
    03-02 11:22 PM
    Can we file H4 to H1 under premium process?




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  • sunnyark1
    02-18 10:52 AM
    Dear Attorneys, fellow forum members:

    My situation is as follows:
    I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

    Will this be a big problem in the future in terms of Green card processing?

    The next question is:
    In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?

    I appreciate your help and feedback in this regard, as I don't know much about the legal process.

    Thank you!




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  • Nil
    03-24 11:04 PM
    'Saw Fareed Zakaria mention the topic in GPS on Sunday.
    Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.

    Smart ones are picking up - hopefully things will change over time.




    pappu
    08-17 04:09 PM
    come on members, there is nobody here from NC? or you dont know of anyone from there who maybe stuck in the GC process?

    IV has not got a single response. We might lose this opportunity.




    indyanguy
    07-13 03:25 PM
    I have the same question. Since Fedex doesn't deliver to PO Box addresses, where do I need to send the Advance Parole renewal?

    Can someone please clarify?



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  • gc_chahiye
    10-27 01:54 AM
    I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.

    For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

    The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)




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  • SlowRoasted
    04-24 10:34 PM
    oooooo, that is a great one dude.




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  • Leo07
    11-30 05:58 PM
    People at the airports( I assume the same for checkpoints) care more about what's the date on the stamp and if you have a valid H1-B to support.

    In my case, I had a company A's H1-B Visa stamping(Still valid at that time) and Company B's H1B papers.
    Very rarely do they pull-over(it happened for me on a different occassion) and quiz you.

    I believe when you say you are abandoning H1-B you are abandoning the petetion and not the Visa.




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  • kaisersose
    07-17 01:28 PM
    Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.



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  • glus
    10-26 07:28 AM
    I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney

    This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.

    Best Wishes




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  • Jeff Wheeler
    04-09 08:04 PM
    Great job both of you, and glad I could offer inspiration. :D



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  • anurakt
    12-29 08:34 PM
    Hi,

    I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.

    I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?

    Or shall I wait until I gets H4 approval and they apply for H1B.

    Please help me on this.

    Thanks,


    Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.




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  • gemini23
    07-02 08:56 AM
    Please christ sake, please stop posting the things you HEAR. as per the visa bulletin , things are still current. Check the bulettin before posting, and save a couple of people who would die of strokes.
    peace.



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  • GC Struggle
    04-21 10:44 AM
    As long as you are matching the wage on teh LC you should be ok




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  • sanju_dba
    11-12 01:39 PM
    Group,

    This morning I saw a commercial (California Group Blames Immigrants for Climate Change) (http://www.triplepundit.com/2009/11/california-group-blames-immigrants-for-climate-change/)on the local Bay Area channel and was simply surprised, I mean out of words surprised.

    I cannot believe how low these anti-immigrant groups can and will go to push their point, which obviously is nothing but full of BS, but it certainly adds fuel to the fire.

    fueling the fire, but they better make sure the fire drivesoff the right monsters , the illegals.



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  • Hinglish
    03-04 05:17 PM
    Source: ILW News Letter


    Serious immigration legislation is in the air. Rep Shuler's (D-
    NC) enforcement-only bill has attracted a fair number of supporters, and the rumor is that the House Republicans will try to force through a discharge petition necessitating a vote on the bill. While we are skeptical that a discharge petition has much chance of success, the House Democratic leadership is apparently not so sanguine (for info on discharge petitions, see here).
    http://en.wikipedia.org/wiki/discharge_petition
    The House Hispanic Caucus has prepared a plan to meet the antis head on if they force a vote on the Shuler Bill.

    The plan begins with the proposition that any serious discussion of immigration on the Hill will definitely harm Republican presidential nominee McCain. If he supports the "pros", the anti immigration fanatics in the Republican party will not support him in the general election; if he supports the "antis", it will weaken his appeal to the independents for the general election.
    Second, should a vote on the Shuler bill come about, the House Hispanic caucus would seek to attach numerous benefit amendments to it - there is every likelihood that some of these amendments will succeed, a raising of the H cap, for example. Hopefully, so the thinking among the strategists among the House Democrats goes, the success of a few amendments will be a "poison-pill"
    guaranteeing the defeat of the over-all measure since the antis are not in a mood to make any deal trading enforcement with benefits at this time. Ironically, the antis in the House may be forced to vote against the amended Shuler bill, thus positioning the Democrats as the real pro-enforcement party.

    Our take is that once started down the Hill (pun intended), the momentum of an immigration bill would be hard to stop, and we might end up with something along the lines of the Kennedy-Kyl compromise of last spring, but without the point system which doomed it. To the surprise of many, Comprehensive Immigration Reform appears far from dead. And once again, it's the antis who deserve the credit for bringing benefits to the fore.

    We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
    __________________________________________________ _______________




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  • beautifulMind
    11-25 05:36 PM
    The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through



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  • nogc_noproblem
    04-03 02:26 PM
    There is hope, but is it possible?

    "Finally, there is another stop-gap proposalthat would �reclaim� 300,000 unused H-1B visa numbers as well as 250,000 wasted employment based
    immigrant visa numbers and make them available in a floating pool as temporary relief. There has been a great deal of speculation that the House leadership may take the SAVE act and bring it to the floor before enough signatures can be collected to force a vote. The idea is that they would add some or all of these other proposals, or even amnesty itself, to the SAVE act to make it unattractive to the original sponsors�thus killing it.

    It is doubtful that anything other than amnesty would kill this legislation.
    There is a serious risk for the Democrats in forcing their members to vote
    down an amnesty bill. That would undoubtedly alienate one of their core
    voter constituencies.

    If the SAVE bill passes, the likely result is that support for legal immigration reform will increase substantially. A number of members of Congress have said that they support legal immigration reform, but first want to see new enforcement measures put into place"

    "Over the past twelve years, the INS/CIS has wasted more than 600,000 EB
    quota numbers"




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  • amaze
    10-30 04:26 AM
    i c..so what do u think about it apart from the tv series?



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  • h1techSlave
    10-13 08:34 AM
    Folks, I have received a notice from USCIS stating the following:

    The above application or petition has been received.

    Your application was received without the necessary fingerprint fee.

    Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...


    Is there any one else in the same boat? What are my options here?




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  • ivgclive
    12-14 01:32 PM
    Will the retrogression in Family Based have any consequences for the Employment based immigration?

    Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.



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  • natrajs
    04-02 01:52 PM
    I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?

    If Everything set and once Your PD becomes current, Then you will hit the Lotto.

    Hope the Best




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  • dreamworld
    12-13 05:10 PM
    Yes, Finger prints are done in Oct 07

    Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.

    I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.




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  • rajc
    08-12 03:28 PM
    Hi,

    I recently went through same situation for my spouse on H4. You have 3 options:

    1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.

    2. Go out of country and come back.

    3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.


    Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.




    franklin
    04-04 03:37 AM
    Just in case you missed my other post
    On the Agenda:-

    Meeting the lawmakers - who, how and when?

    pm or email me at tamsen(at)gmail.com me for conference call number and bridge number

    For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691




    milmuk
    08-24 09:25 PM
    This is a contract position to work in canada.This is normally through couple of vendors.

    My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.



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  • OlgaJ
    April 3rd, 2005, 06:50 AM
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    Olga




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  • navdeep.mahajan
    03-08 10:37 PM
    Thanks for your wishes




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  • getgc2008
    04-23 02:24 PM
    Thanks I got the details.




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  • chalamurariusa
    05-14 09:53 AM
    You can file for your childs GC with yours before he turns 21.



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  • Canuck
    05-04 09:05 PM
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    Thanks.




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  • kaushik07
    11-07 03:07 PM
    My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.

    Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.

    Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?

    Thanks

    Iam a july 2nd filer at NSC and haven't received my receipt numbers yet. can I ask you when you got your receipt numbers? Thanks a lot!



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  • enqueued
    11-09 10:38 PM
    We did it twice and never was asked for w2. Just recent pay stubs will do. Just have all of them - if asked.

    My wife came here on h4 then got her h1, got it stamped. worked for two years. Went back to h4 for couple of years when we had our baby. Got h1 and stamped again. All we submitted were just the required (listed documents in the site).

    Hope this helps.

    Thanks




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  • Munna Bhai
    07-12 07:49 AM
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  • bos_guy
    08-04 11:19 AM
    Anyone know about this situation? Your help will be greatly appreciated




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  • chris
    11-15 12:07 AM
    My PD is current for 12 months (from Oct 2007) .

    Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:

    I know from Infopass that my NC is cleared long back.:)

    If your PD is not current cant do any thing but PD is current, contact your local congressman.




    Hi All,

    I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.

    Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.

    Thanks.



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  • IN2US
    03-11 07:53 AM
    Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).

    just wanted to give an update on my H1-B transfer,
    it is approved and I'm still waiting for my renewed passport from SFO.




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  • niklshah
    09-07 12:12 PM
    see you at dc...



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  • uscisc
    09-10 08:00 PM
    I am not exactly in this scenario.

    In my case I moved to a different company that already revalidated my H1B before moving to the new company.

    So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.




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  • gnutin
    04-02 03:24 PM
    Choose "An Indian citizen resident in the US" and it will let you choose any consulate you like.
    If you are a resident in the US there are no issues in going to Chennai.



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  • vandanaverdia
    09-07 02:52 PM
    ^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..




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  • thementor
    04-14 11:21 AM
    I apologize.This is my first post, I think I posted under wrong topic (Interesting Topic



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  • tnite
    10-12 02:29 PM
    I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.
    I got my EAD card even before I went for FP.It doesnt matter.




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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)




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  • reachinus
    07-18 12:58 PM
    As far as i know you will be getting 1 receipt number for each application. so totally 6 numbers to keep track of for the years to come. By the when did u file? Was it for June filing? of July filing?




    Canuck
    05-04 09:05 PM
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    Thanks.




    newbie2020
    06-23 11:53 AM
    I agree , We have a lot of Professionals among us and such activities will certainly help.

    Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate

    Any thoughts