Tuesday, June 14, 2011

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  • mmanurker
    10-07 11:32 AM
    irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).

    I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.

    mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.

    my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).

    so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:

    only service center that is left out is California:D




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  • narendra_modi
    09-19 07:22 PM
    I booked for my parents and deal was 700 USD for return from India to JFk + 1 free reschedule and second one for 30 USD ...

    Curious to know, how do people get such a nice deal ? If you don't mind, can you please share the secret, was this deal online ? Which site ? Usually when you get such a deal ? Thanks.




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  • alforever
    04-04 02:28 PM
    Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.
    Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?




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  • rbharol
    01-21 09:09 PM
    Just 89000 odd...
    This is nothing compared to millions of illegals which mostly would not be high skill workers.

    If US lawmakers are smart, they should give GC to all of 89000 High Skilled workers seeking GC. This will be a win-win situation for both.



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  • zCool
    04-02 11:39 AM
    Paystub is really required document in tax law.
    These are normally state subject and are guided and monitored by state labor law departments.
    Employers don't have a choice of deciding their own period of giving you paystubs.
    So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

    http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

    If you don't get any response, 2 options:
    1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
    2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

    Put his name on the boards annonymously..




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  • ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).



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  • bestin
    06-19 01:46 PM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)

    Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.




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  • JunRN
    08-26 03:22 AM
    It seems that all those whose application were sent to TSC, directly or indirectly, are very lucky. TSC has a way to fast-track the processing of applications. It is indeed much more efficient than NSC.



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  • zoooom
    10-26 10:27 AM
    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?




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  • pappu
    01-28 05:46 AM
    Excellent proactive attitude......This is what we need....

    I would like to make the following pledge...

    For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.


    Anyone ready to take up my pledge?
    Thank you for your pledge.
    I am sure our members will take it up as a challenge and help you complete your pledge.



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  • fromnaija
    12-31 08:24 PM
    Hi,

    I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

    My PD is June 2005 and I-140 approved on July 2006. I am thinking of
    changing my job. I am puzzling about the following questions:

    1. Can I change the job and use my 3 year extension for the next job?
    2. Can I keep my PD of June 2005 if my current employer doesn't revoke
    my I-140 ?
    3. If I apply for GC again with new employer and get my I-140 approved , can
    I keep getting 3 year extensions on that job ?

    PLEASE HELP!.

    Thank you,

    Yes, yes and yes. Your questions have been answered many times over here.




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  • venky08
    06-24 12:01 AM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.
    thanks dallasblue...these things were freaking me out...my family is in india and plan to come back on july first week...i just didnt want to apply on july 15th and then realize that the dates were retrogressed mid month...that would be a big deal...

    these lawyer websites are posting that they can stop accepting applications mid month without even putting out any notices...i just wanted to ask someone if anybody have any known record of this thing happening in the past...i am still worried because of this what appears to be baseless fact...but since it comes from a lawyers website my doubt still remains...can someone please help me with some conclusive facts???:confused:



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  • zulo1715
    10-20 04:34 PM
    Hello,

    I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.

    My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).

    OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.

    - Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?

    - Is there anything that the sponsoring company can do regarding this; I mean help me out?

    - Can I work for another employer now that I have my GC in hand?

    Thank you,




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  • bsbawa10
    12-16 07:21 PM
    A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.



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  • manderson
    11-11 12:35 PM
    Don't count on it.




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  • needhelp!
    11-27 05:24 PM
    I don't think this will jeopardize their cash flow. Surely they will charge 3 times more for a 3 year renewal. It will just make life easier for us and them.

    And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.



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  • jatinr
    09-27 06:50 AM
    Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?

    Thanks.

    FP and 485 will have same receipt number




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  • krishnam70
    03-05 12:00 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    This might be an Attorney question

    1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
    2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
    3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
    4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.

    On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.

    - cheers
    kris




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  • royus77
    07-10 10:22 PM
    We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .

    May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people




    I_need_GC
    09-09 11:33 PM
    Just because you entered on AP doesn't mean you have lost you h1b, it just puts it to sleep. if ur wife is on h4 she can stay on h4 as long as you are employed by the h1b sponsoring employer. To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate




    MDix
    02-04 09:05 PM
    http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/applications-for-benefits-2009-december.pdf



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