Saturday, July 2, 2011

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  • beautifulMind
    11-20 11:27 AM
    I have i485 pending and working on EAD. H1b expired. I am on Eb3.

    I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...

    So can I take the promotion and use the EAD...Will I be using AC21




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  • jaya_chh
    09-19 01:10 PM
    Isn't it the employer's responsibilty to file new LCA when I was assigned to another project in another state?

    If my employer has not done that for me, then does it still affect my chances of getting my H1 stamped. Means I am not at fault, my employer is.




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  • techbuyer77
    09-24 08:50 AM
    Thanks for the response div. I did think it was too good to be true. It is.

    ssn for green card holders is without restrictions, It does not have any banner on them




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  • x1050us
    06-15 09:36 PM
    That explains. Thanks for the reply



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  • tanu_75
    03-05 03:28 AM
    Hi,

    I have been filed in EB2 with a priority date of Feb 26 2007.
    What you guys think about the possibility of my PD getting current this year?
    I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.

    Thanks in advance.

    You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.




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  • vpm
    02-12 10:49 AM
    Once you have been outside of the U.S. for more than a year continuously after the approval of your GC, your permanent resident status will automatically terminate as abandoned.



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  • dealsnet
    05-21 08:31 AM
    Take one month unpaid vacation. Packup your things. Send family home. Work for one or two weeks(stay in a motel or with friends), resign and go same day or next day.
    This will reduce your anxiety about your future.
    I am on my 2nd phase of H1B visa which is valid until 2012.
    I want to quit my job and go back to my home country.
    How long after I quit my job do I get to stay here to wrap up and ship my stuff??
    Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?

    If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?

    Thank you!




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  • obviously
    07-27 07:05 AM
    The Office of the Ombudsman is usually best addressed through 'non named' communication. By nature of the profession, Ombudsmen as neutral third parties and hence influence greater effects without direct name association. This is a technicality in the ADR/mediation profession.

    For those who'd be more comfortable addressing Mr. , by all means no harm, no foul.

    In any case, the Office of the Ombudsman in this can can be a POWERFUL resource because it can enable the Govt and USCIS Officials to take corrective action and place motivation on the Ombudsman instead of themselves. Thats how most bureaucracies work, find the person to pin the tail on and play the game.



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  • dilbert_cal
    05-07 01:12 PM
    OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.

    Internally, NSC or TSC will get ask for confirmation of your labor from DOL. Most of the times there are no issues. The biggest factor to begin with is that instead of being able to do Premium processing and get your 140 in 15 days, now you are looking at a period of 4-8 months in normal processing and there is nothing you can do to speed up the process.




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  • tosca_travels
    09-27 02:10 PM
    I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.

    Soo -- 2 questions:
    1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
    2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?

    Thanks very much!



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  • camphor
    12-08 12:28 AM
    Thanks guys for the response !




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  • illusions
    03-31 05:42 PM
    i'll be at work at that time, hopefully i'll read it online. Thanks fot the tip.



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  • Berkeleybee
    03-29 02:56 PM
    Once again, I urge people to take discussions of individual cases to Immigration Portal.

    See our posting guidelines (http://immigrationvoice.org/forum/announcement.php?f=2) visible above the forum threads.

    "Please note that the purpose of our forums is to discuss our campaign and agenda. We want to foster a positive, constructive, discussion about our cause. Solutions for individual cases and problems, debates on the benefits of living in different countries etc. are better addressed on forums like Immigration Portal.

    Posts that denigrate members, potential members or even anti-immigrant groups are not welcome - such posts are against Immigration Voice principles."

    When my paperwork was transferred from CSC to TSC I posted on Immigration Portal not IV. We need IV forums to focus on activism.

    best,
    Berkeleybee




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  • msyedy
    01-09 02:35 PM
    Dear All,

    I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

    Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.

    I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.



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  • tabletpc
    12-01 11:35 AM
    Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.

    1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.


    2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?

    Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.

    USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.

    My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.

    Good luck




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  • gcpool
    11-16 09:07 AM
    You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.



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  • gonecrazyonh4
    05-18 03:30 PM
    I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.




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  • cooler
    08-30 09:23 AM
    After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?

    In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)

    I would hate to have to carry this for the rest of my life.

    Lawyers - Your legal opinion would provide relief to my aching shoulders :)




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  • belmontboy
    05-27 05:18 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...

    thanks

    There is a similar thread on this issue.

    http://immigrationvoice.org/forum/showthread.php?t=2204




    sammielee
    07-01 10:56 PM
    In Canada, most people get a short version of their birth certificate. This is what I had and what was submitted. There is a long version, like a registration certificate, that most Canadians don't carry around and wouldn't order and that is now what USCIS requires. I didn't know that until the very end of my meeting for permanent residency. On the sheet/notification, it says that I have 90 days to submit the document, the long form of the birth certificate as "failure to comply with this request will be deemed grounds for denial of your application for lack of presecution". Although I immediately requested my birth certificate from the Canadian government, I have had to fight to get it pushed through fast enough and they now tell me it's processed but somewhere in the mail. I'm down to the last couple of days with no way of knowing where it is.




    martinvisalaw
    09-03 08:22 PM
    Hello,

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?

    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.



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