Thursday, June 16, 2011

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  • piyu7444
    04-18 07:22 PM
    I am currently on h1b with Company X (h1b expires in April 2011)

    (I-140 approved, filed 485 on july 2 so am past 180 days)

    If I take a job on EAD with Company Y without h1b tranfer to comapny Y.

    Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?

    Also do I need to leave USA?:confused::confused::confused:




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  • Lasantha
    02-20 11:09 AM
    I would think No too.

    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help




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  • veni001
    02-03 08:08 AM
    Thanks for you concern.

    I would appreciate it if you can answer to my specific question. :)

    Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.

    Good luck.;)




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  • dpp
    02-06 09:01 PM
    Whenever the H1 is transferred, H4 also has to be transferred.



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  • bp333
    10-04 07:10 PM
    Hi Folks,
    I had applied for AOS,EAD and AP for me and my wife on July 2nd.
    I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
    So, can please any one tell me if i can re-apply her case even though i did not get her application back?
    Any information on this will be greatly appreciated.

    Thanks a lot
    gc_dreamer_485

    Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.

    FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.




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  • whattodo21
    01-06 11:59 AM
    Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?



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  • a_yaja
    01-02 09:35 AM
    Hi,

    My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).

    My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)

    If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?

    Pls clarify this?

    Regards

    New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).




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  • champu
    02-19 06:21 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)



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  • santb1975
    11-16 08:41 PM
    This Holiday season .... Give a gift to IV

    --------------------------------------------------------------------------------

    With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers




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  • sripk
    07-17 03:51 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE



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  • amitjoey
    07-09 08:06 PM
    Thanks for going there Nixtor, I am in CA, but would have been more than eager to join you otherwise. Could you record (handycam) a few shots if possible.




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  • FredG
    July 18th, 2004, 07:54 AM
    What an interesting plant! I like the second one better, as it isolates one plant and you can see that all the parts really do belong to just that one. DOF must have been quite a challenge.



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  • jonty_11
    02-05 04:25 PM
    Sounds like another case of Consultancy Exploitation of Skiller Worker (CESW).
    If they are not showing the intent to deny letter, they may be want to prevent you from quitting the company and going elsewhere now that u have ur 3 yr H1B with you.....be mindful of that.




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  • harivenkat
    06-28 03:17 PM
    Huge demand to live in U.S. part of illegal immigration problem (http://www.azcentral.com/arizonarepublic/news/articles/2010/06/28/20100628legal-immigration-high-demand.html#comments)

    WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.

    But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.

    In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.

    Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.

    But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.

    But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.

    Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.

    "Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.

    Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

    Temporary visas

    Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.

    Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.

    Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.

    Permanent residents

    A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."

    People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.

    Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.

    Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.

    Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.

    Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.

    There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.

    The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.

    The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.

    A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.

    Naturalized citizens

    In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.

    An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.

    Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.

    Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.

    The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.



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  • whiteStallion
    05-19 01:53 PM
    Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.




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  • rpat1968
    07-15 08:16 PM
    Why blame USCIS when you classify yourself as EB3!

    Your profile says you are EB3. I hope it was put by you not by USCIS.
    May be your I-140 was also for EB3, a misclassification by you. Do you remember?

    Don't just post without knowing the facts. See my response I posted.



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  • chanduv23
    03-31 01:55 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

    The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.

    The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.

    You are so close to GC - why take risks?

    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.




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  • andy garcia
    02-08 09:01 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

    Macaca:
    These are the descriptions for L visas.
    L-1A/L-1B.

    An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.

    An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......

    All it takes is a greedy lawyer to get them.:mad:




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  • nixone
    05-05 04:55 PM
    You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.


    If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!




    deepakjain
    01-08 09:18 AM
    Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
    NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.

    Just my thoughts.All the best.

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak




    vvvunlucky
    04-22 11:28 AM
    Is by any chance your passport is expiring by Nov 2010? Anyway, your H1 extension will be for 3 years as per my knowledge as your I140 is approved for morethan 180 days.



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