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Monday, June 27, 2011

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  • xtetic
    03-11 09:37 AM
    from what i understand it is legal for now, but for sure it might raise some eyebrows. i for one know this guy who applied 2 h1's from 2 employers from india. he did get his receipt# from one of them but he got a rfe nd got rejected. i don't know details if the rfe was for 2 apps or for some other issue with the cmpy itself.....will try to contact that guy n d update here





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  • skynet2500
    06-22 06:18 PM
    IS it possible to send to TSC even though 140 is approved in NSC. Looks like 80 percent of applications go to TSC. Can we even choose where we can send?





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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.





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  • navin80
    06-20 09:30 AM
    I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
    so, If I need to go back to him,

    1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08



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  • alex99
    06-28 03:12 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX





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  • desiin_va
    04-23 01:23 PM
    This email is useless as nowhere in the email the alien's name is mentioned.
    In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
    If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.

    The only option you have is to request for a copy of I-140 using G-639 form under FOIA.

    I agree, the email response is no help.
    Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?



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  • DDLMODES
    07-18 09:26 PM
    If you did PERM (only then can you file concurrently)

    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !





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  • prdgl
    07-07 09:31 PM
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)



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  • cnachu2
    09-16 02:52 PM
    I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE

    Hi,

    I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...





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  • calaway42
    10-04 01:06 AM
    but the thing is.. i dont have another strip of rentangle on either side... according to the tutes.. im suppose to have one



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  • whiteStallion
    07-16 05:07 PM
    i don't see july processing times...it still shows june times.

    Me too...it was posted 15th of June... This is not the July one :p





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  • bmoni
    08-21 01:35 PM
    Thank you all.

    Thanks for bringing up the I-94 validity based on the validity of PP. I will definitely get PP renewed while I'm in India with Takkal scheme.

    @bushman06: Did the immigration officer gave you I-94 validity till PP expiry date or Visa expiry date.

    Again thanks for all your thoughtful responses. I really appreciate it.



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  • lusuresh
    07-17 09:27 AM
    I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.





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  • msp1976
    03-09 05:01 PM
    Not sure what you meant by your statement "screwed either way"
    Also, please let me know what does EB2 ROW means. Thanks!


    Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..

    ROW is rest of world....All countries except India/China

    The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html



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  • lusuresh
    07-17 09:27 AM
    I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.





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  • prinive
    04-10 05:38 PM
    Any one else...:o



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  • lbk
    07-18 12:01 PM
    Still I was confused. I got I-140 Approval, I have a benificiary no,
    Can I use it in my I-485 application at A# and in my Wife I-485 application?





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  • yabadaba
    07-31 02:34 PM
    check out immigrationportal.com

    the reason you wont get anywhere in terms of answers in a public forum is because you have not provided us with any relevant information. which forms were filed by your grandfather...which category was it filed under.

    did your grandfather not file form I-765? that is an employment authorization document...giving your mom unrestricted permission to work.





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  • TwinkleM
    07-02 02:55 AM
    My lawyer did receive the RFE for new H1 application.

    Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.

    But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).

    I personally want to go to neighboring country instead of home country as that would save lot of time.

    Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.

    Also,

    1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.

    2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?

    3) What are the chances of them disapproving my case?

    4) Am I allowed to take my U.S citizen kids along with me to the consulate?

    5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
    Canada - port of Entry thru road.
    Mexico
    India - Port of Entry in NJ or NY or Atlanta or Boston

    Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.

    Advices from the expert lawyers, senior & junior members is appreciated.

    Thanx in Advance





    Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


    Ann





    felix31
    10-05 02:31 PM
    same here,

    we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!

    anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..

    cheers



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