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Monday, June 27, 2011

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  • Suva
    10-28 11:07 AM
    Happy Diwali to every one here in IV...





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  • jatinr
    06-02 11:36 AM
    Since you have applied change of status, you are on pending H1B and not out of status. But if your H1B is approved before your L1B expires and has effective date of 1st October, you will be out of status for those 15 days.

    I don't think it will matter as you are allowed to come in US 10 days prior to Oct 1st if you are coming on fresh H1B, although you can work only from Oct 1st.

    So even if you don't file an extension it will be fine, although your last working days with L1B company will be Sept 15th.





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  • bsnf
    07-12 02:30 PM
    I called my lawyer yesterday and he told me that he did not get a single case send back.

    He filed 300 applications.





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  • retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.



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  • sg72
    09-29 12:42 PM
    My case is totally different. We applied on July 2nd and my wife got her EAD last week but my EAD not yet approved. Is it normal?





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  • fromnaija
    07-30 08:36 PM
    Here is my situation:
    My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.

    My question is this:
    If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?

    I have been trying to find answers to these questions and will appreciate your input. Thank you.



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  • traveldoc
    09-10 02:12 PM
    I have a strange situation with my AP renewal:

    Applied for AP renewal for both Primary and dependant on August 8th
    Dependent received AP approval on Sept 2nd
    Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
    I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.

    Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.





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  • botol123
    10-17 09:08 PM
    The USCIS has returned the my entire package - I-140, I-485, I-131 and I-765 - to my lawyer by mistake.

    The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.

    Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.



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  • insbaby
    11-21 11:07 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.

    You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.

    BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.





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  • dilipb
    10-28 11:34 PM
    All u require is
    - take the EAD cards
    - take some ID like drivers license or passport
    - fill this form

    Thats it....

    http://www.ssa.gov/online/ss-5.pdf



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  • jchan
    10-18 01:04 PM
    I have the exact question with duttasurajit -- my title for green card is computer information system manager, and I'd like to take a job for technical lead / architect. The job duties are very similar. Will that cause a problem?

    btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search Dice.com, hardly any position come out with this title.

    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?





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  • rockrocky
    03-26 01:02 PM
    None of the immigration related questions were asked.



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  • eb3retro
    02-06 11:17 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?


    EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...





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  • ranahosur
    03-24 11:17 AM
    It worked well in my case.
    The HR Head of InComm wrote to me asking me to reimburse the money. They sent a Fedex to my home asking me to reimburse including the cost of the Fedex.

    I talked to the DOL and they said, i can reply to the email informing about my conversation with DOL.
    I did that and I never heard back from the HR VP. Probably no one ever challenged these guys and they were exploiting people. In fact a guy paid $15K for the green card processing to this company.



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  • saimrathi
    07-02 06:00 PM
    There is hope....

    Was this your case? Did you get approved in two months? Whats your PD?





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  • braindrain
    06-09 09:17 AM
    Folks

    Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?

    Should then one consider using their AP instead?

    Cheers.

    neverbefore

    I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...



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  • chi_shark
    06-29 07:42 PM
    As per H1B you cannot do this.. the second job will be illegal

    you can do it... you have to file an addtional H1... its just like the regular h1 except it is for part-time work... dont know any further specifics...





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  • rb_248
    10-19 04:27 PM
    Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.

    I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.





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  • GoneSouth
    04-17 06:42 PM
    This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.

    Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.

    This is just a guess though. Check with a lawyer.

    - GS





    bkarnik
    10-26 03:33 PM
    My experience, this is at the Mumbai consulate in 2004. At that time they had the drop box in place. I mailed my documents and they returned everything back with my H1 stamped.

    My wife went for her H4 stamping (second stage) in 2005. They asked for all the original documents i.e my I-797 and her I-797 but returned both of the documents back at the end of the interview. I think she had copies with her and they kept those.

    Best bet is to contact VFS and inquire.





    Hong12
    12-13 11:23 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.



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