Wednesday, June 8, 2011

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  • kshitijnt
    03-06 11:17 AM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?




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  • RollingStone12
    04-25 02:06 PM
    yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;

    A HOLE

    Then why you live here...pack your bags you Big A Hole.




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  • indianindian2006
    08-28 01:53 PM
    One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
    Here is the link.

    http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133




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  • Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.



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  • h1bdude1
    03-23 09:19 AM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1




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  • waitingmygc
    10-09 05:12 PM
    CheckRaise,

    Had you got audit for your Perm?

    If not, then it should be approved by now. Currently, DOL is proccesing December 2008 non audit cases.



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  • uma001
    05-07 10:30 AM
    May I know on what basis you are recommending this. Do you have any legal basis.?

    What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.

    Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.




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  • gk_2000
    12-02 07:22 PM
    The bill also says...

    1. The illegal's application needs to be processed expeditiously.
    2. The USCIS can not increase the fee for that

    Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.

    and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.

    so WTFs

    Hopefully, the bill would have been vetted enough by the time it passes, and these areas cleaned up. This would be a good test for the US political system



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  • GCBy3000
    05-03 09:24 PM
    Admin,

    I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.




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  • Ann Ruben
    02-06 04:39 PM
    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • getta05
    03-27 03:06 PM
    I dont understand.
    Why is it limited to 5%?




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  • avi
    04-17 01:51 PM
    I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

    If I do so, what will be the status of the I 485 application after H1B transfer?

    This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

    All help appreciated. Thanks all in advance.

    I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
    To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

    A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

    I may be wrong .. but this is how i perceive it


    Peace.



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  • eb2_immigrant
    03-03 06:39 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.

    In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.

    If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?

    Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.




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  • eb2_immigrant
    07-28 07:31 PM
    It takes roughly 20 business days. We just got ours.

    When you renew AP, what is start date , Is it from the expiration day of your previous AP ?



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  • cableman
    08-09 02:33 PM
    You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years


    This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.




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  • CADude
    12-17 07:22 PM
    It's true.. CA n NY were worst... Anyway PERM removed this state to state business of Labor for new applicants. But ideally any process should not have luck part including USCIS?

    So waits continue till I am LUCKY.....


    Dates were current till 2005. They were again current in between.
    So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.



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  • funny
    07-18 05:22 PM
    I have never heard this before. Good Luck to you.




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  • Raj Iyer
    09-13 04:52 PM
    Due to the denial of your H-1B extension, you did not have any underlying non-immigrant status at the time of filing the H-1B transfer. IF your petition gets approved, normally USCIS will only approve it with consular processing. Assuming your H-1B extension was successful, they will approve a transfer.

    8 months is a long time for a pending H-1B. You should immediately follow up. Since it is a premium processing, you should be able to send an email to the premium processing division. I would be very worried if the case is taking so long.




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  • thokar
    08-19 12:03 AM
    I think depends on how many ears old your priority date is? I mean if your priority date is letz say 5 years old and today you are joining / getting promote to manager then yes you can. Every one know as time goes any skilled person will get promote or get into higher level...
    But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....

    Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...

    Thanks...




    go_guy123
    08-18 12:51 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..

    WH-4 Form is meant for complaining against employer.
    Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
    after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
    file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
    company(bodyshopper).




    ksam75
    01-08 03:19 PM
    Hi Gurus,

    I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.



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