Monday, August 15, 2011

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  • ragz4u
    04-11 02:09 PM
    Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering





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  • zeta7
    03-25 08:50 PM
    Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.

    Any possibilty of applying for AP now?

    Pls. advise.

    RV

    As far as I know you must be in the US to apply for AP. But even if you could apply it probably won't serve your time interests since it takes at least 3 months to get it processed; and these days it would probably take up to 4-5 months. I applied for AP in November, I still haven't received it.





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  • resident1374
    01-29 10:54 AM
    Thank you for your reply!

    My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.

    Well, hopefully my AOS will be approved.

    Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?

    In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?

    Again, thanks a lot for taking time and replying to my earlier question!

    Thomson





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  • PDOCT05
    10-29 03:08 PM
    [QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
    QUOTE]

    Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.

    What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.

    No Idea how is he going deal..I will try my best to avoid...any further issues.



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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!





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  • gapala
    08-02 07:21 PM
    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...

    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?



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  • rick_rajvanshi
    03-20 03:55 PM
    USCIS Announces New Requirements for Hiring H-1B Foreign Workers
    Changes Apply to Companies that Receive TARP Funding

    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

    The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

    EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

    However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

    USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

    For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.





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  • snathan
    05-04 06:21 PM
    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.

    May I know on what basis you are recommending this. Do you have any legal basis.?



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  • singhsa3
    07-25 03:55 PM
    That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
    I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.





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  • v_javans
    09-07 09:43 AM
    Hi All,

    Friends, I have few questions regarding EB2 category and need your help & advice.

    What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.

    Thanks in advance for your time.

    Regards,
    javans.



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  • cybergold
    04-28 05:38 PM
    ok thanks, i'll get rid of them right now





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  • kiru_99
    10-31 09:58 AM
    Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((



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  • jackrabbit
    04-11 12:21 PM
    You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.



    Is this true??

    I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?





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  • GC_ki_daud
    03-13 03:20 PM
    bump



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  • thomachan72
    06-01 06:48 AM
    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
    Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!





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  • gc_check
    03-14 04:16 AM
    I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.

    Murthy.com has a copy of pdf in their website

    http://www.murthy.com/uscis_update.pdf
    http://www.murthy.com/nflash/uscis_faq.pdf



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  • bomber
    07-25 12:16 PM
    I got an approval email from CRIS last week on my I-140.

    Today I received an email saying the notice that USCIS sent was returned as undeliverable.
    Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?

    Thanks





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  • helpmeExperts
    02-14 04:36 PM
    If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.

    ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.

    only con is if something wrong happens to 485, we are screwed!!

    one more question very complicated -

    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    i dont see EB2 my PD becoming current for next 2-3 years

    any inputs are appreciated??





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  • gcnirvana
    06-19 12:33 PM
    ...as long as the EAD renewal application is pending for more than 90 days.
    Can people still get interim?





    darslee
    07-11 01:35 AM
    and not lose focus ;)





    BMS1
    07-31 11:52 PM
    It happened for my son's application. I did not even have a copy of the check at that time. I resent it with a new check (after retrogression set in) saying that it was their mistake. They sent it back along with the new check again saying no visa is available on the date of submission. Then I read some where in immigration-law website you need to mark it to certain officer (I do not remember exact wordings - check immigration-law archives around sep 2005). I re-sent it to that officer explaining everything again and it was accepted. My son's receipt date Sep 30 but the notice date was somewhere in Nov. due to all these correspondence.



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