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Thursday, June 30, 2011

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  • TwinkleM
    07-02 02:16 AM
    If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...

    Pls. correct me if I am wrong...

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    02-03 08:34 AM
    ^^^ BUMP^^^

    I have same situation. Gurus please reply.

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  • nuke
    08-22 10:02 AM
    USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
    Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?

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  • belmontboy
    04-12 02:54 AM
    Hi all, I need help in explaining my situation if someone can help me . Here is my info that I know
    EB3 ROW
    PD : April 6, 2006 (PERM)
    July Filer.
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    I want to understand the process so I can know the meaning of the Visa bulletin based on my situation.
    I am guessing that right now I will have to wait for my i140 to be approved first before I can talk about i485. I checked the processing time for i140 at TSC and it is August 15, 2007. Any crazy estimate when I should get the approval?

    Once my i140 is approved then I can look and match my PD with the visa bulletin EB3 ROW for adjustment of status.

    I know there would be some more steps than these above. But are these statement above correct/incorrect?

    Thank you very much

    you can check the status of ur I-140 on uscis by providing ur receipt #

    you would get more information on processing steps by going through the posts in this forum.


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  • Bolt
    04-23 12:33 PM
    1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
    validity till AUG 2010
    2)Transferred VISA to Comp B by applying with in 15-20 days after
    landing into USA and got approved till Feb 2011.
    3)after working for 10months in Comp B applied for transfer to Comp C
    4)after getting receipt started working with Comp C
    5)on Jan 21,2009 acc to USCIS site RFE was issued
    6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?

    Q1) Am I still legal to stay,if so till how many days or am I
    already out of status?
    q2)can I still rejoin the previous employee i.e.Comp B
    q3)can Comp C able to reapply for H1B if So after how much time can it
    reapply for me?

    Please help


    until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
    i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.

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  • h1-b forever
    04-14 02:30 PM
    I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)

    I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.

    What are my options?


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  • priya23
    02-21 03:09 PM

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise

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  • psychman
    09-30 12:14 AM
    Hey Kirupa. Thanks for the reply. Yes, I will install a web server. If multiScaleImage could be part of WPF I think that would solve the problem and the possibilities could be amazing!


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  • tabletpc
    05-27 05:13 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...


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  • jatinr
    08-07 08:14 PM
    :confused:My company has filed my I-485 and not EAD/AP on July 20th.

    I want to file EAD/AP on my own using old forms and old fees before August 17th.

    I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.

    Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.

    Does the filing with Fedex option is for people who have filed after July 17th?


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  • luksy
    10-04 04:06 PM
    i guess it's the commercials...

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  • jumanji4u
    03-23 09:30 AM
    Hi immigration Gurus,

    I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.

    Your guidance is greatly apprecaite.



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  • nsd786
    01-17 05:11 PM
    My PD is Oct 2004 .Received I-140 RFE Ability to pay.RFE date Jan 2nd 2009.They have asked for Tax returns for 2006 and 2007 (2004 and 2005 were submitted during filing).They have mentioned that we also have the option to submit W2 ,Audited statements or Annual reports.The company is a small company with 20-30 employees and is doing pretty well .For 2004 ,2005 and 2006 their net incomes is about 3-4 times my proffered wage.But there is an issue for the 2007 return.Their year ends in June and hence 2007 return was due on September 2007 for which they have filed an extension.Hence returns are not due till March 2009.RFE has to be responded to by Feb 2nd.They have paid an estimated tax of about 34000-35000 .My proffered wages are 52000.Hence if one calculates the estimated income it is in line with the previous years and is about 3 times my wages.But there is no return only extension notice and proof of taxes paid .I do not work for them right now and have no W2.They do not have any audited statement or annual report.I am trying to get them to give me a statement from their CPA stating estimated revenues,net income and tax for 2007 but I am being given the run around.If I were to submit only with the 2006 return and 2007 extension filed with proof of tax paid is it OK or do i most definitely need that letter from their CPA.I doubt I can get anything more than the CPA letter and that too is doubtful.Business owner perceives CPA letter not needed attorney states needed.I am in a limbo.Please help .Do I also need statement showing income from July 2008 through December 2008 to show current ability to pay as advised when they have asked only for 2006 and 2007 returns.PLEEEASE HELLP AND GIVE YOR ADVISE.

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  • santa123
    08-06 08:00 PM
    There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D

    But of late I am seeing fewer threads on IV and wondering what could be the reason.

    1. Either a lot of folks got greened and stopped visiting IV
    2. or a lot of folks lost jobs & abandoned their GC process
    3. or a lot of folks got frustrated and left for their home countries

    Is this just me feeling this way or...?


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  • Kapils573
    09-02 12:28 PM
    What is the phone number to contact the customer representative?

    Pls guide.


    They will go to ur michigan address i guess.
    Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.

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  • NolaIndian32
    07-24 11:39 AM
    I agree - hiring your own attorney would be the best option if money is not an issue.


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  • vennella
    06-18 02:46 PM
    Thank you frostrated for your reply!

    I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
    So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.

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  • mbartosik
    04-01 11:30 PM
    This is from USCIS point of view. So they include all categories of I485 -- most will probably be family based. The I140 is exclusive to EB class. Of course USCIS does not publish stats that we would find really useful, even their process dates are works of fiction (or at least not totally accurate).

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  • pinganand
    07-07 12:05 PM
    Thanks for your response.

    As per Indian law, my spouse's father should have also published her name change with the Gazette. That was not done.

    Indian Law: how to change my name legally, general administration department, gazette notification (http://en.allexperts.com/q/Indian-Law-1798/change-name-legally.htm)

    We are thinking of filing the documents we have while working on getting the additional gazette documents.

    05-15 10:15 AM
    I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
    I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
    EB3 PD is Feb 2005
    I 140 approved filed 02/2006
    I485 07/2007
    RFE for EVL April 2009 submitted

    10-30 01:23 PM
    Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?

    For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.

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