Saturday, June 25, 2011

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  • HV000
    03-08 10:39 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.

    I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..




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  • gc140
    10-23 10:58 AM
    Thanks a lot Ragunath. You saved my $1150. Sheila was asking $1150 for processing.

    If you don�t mind will you please share your case?
    How did you proceed further after denial?

    Thanks again.




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  • Humhongekamyab
    05-14 03:56 PM
    Hi,
    My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.

    Please advice, what to do?

    Here are the details about my education.

    Education:
    Matriculation : 10 years education
    Intermediate : 3 years Diploma (Associate Engineer)
    Graduation : 3 years Degree (Comp. Science.)

    Experiance:
    Aprox. 8 years

    Thanks in advace.

    :)
    Shujaat

    Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.




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  • va_labor2002
    08-23 01:03 PM
    I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.

    That's a nice idea. Who has orkut membership ?

    What about sending one more Fax to congressmen and senators ?



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  • coolblues
    08-25 10:55 PM
    HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
    Now yesterday I got this email from CRIS
    ================================================== ===
    The last processing action taken on your case
    Receipt Number: XXXXXXXXXXXXX
    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
    *Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message
    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    ================================================== ===
    My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)

    Your comments are appreciated..!




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  • eb2dec2005
    02-22 09:49 PM
    No, i was little skeptical i using AC21.I did not inform USCIS at all.

    Morover, i was hoping my PD would be current shortly.

    Am i in trouble?



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  • pd_recapturing
    10-15 12:00 PM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
    Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.




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  • number30
    02-23 08:50 PM
    Employement history is on G-325. It is only for last 5 years. If it was before 5 years there is good chance that you need not answer that question. I-485 does not require your Tax returns. You can do that with your W2 forms.

    What was length of the work?



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  • cooler
    07-07 01:43 PM
    Bump.

    I am in the same situation. Any insight from the original owner or others would be appreciated




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  • studentoflife
    11-01 03:52 PM
    My employer tells me that he filed my labor on 22nd August (under PERM, EB2 category) but he has not given me any details like what center, etc. I have asked him those details. He just told me that he will get an email once the labor is approved. Its been 2 months and the labor has not yet approved.

    What can I do to find out if he really has filed my labor or not ? and what is the status right now

    any help/ideas will be truly appreciated

    Regards
    StudentofLife
    -----------------------------------
    Keep learning till the end of your life



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  • geniousatwork
    09-01 03:49 PM
    Congratulations !!! GOOD LUCK to all the people awaiting approval notice.




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  • Sushie
    08-17 02:27 PM
    Please update your profile, only then someone be able to answer your question.
    Thanks for your message harrydr..
    The profile details questionaires is mostly about the permanent residency which is NA for me.
    Is it mandatory to fill in all details to get the response for my query, please help as I'm new here.

    Sushie



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  • indian2012
    02-24 05:34 AM
    I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.

    Is it illegal even if it is the same job but extra work?
    Does it matter if the emoloyer already filed I140 on my behalf?

    I know atleast 2 individuals who did it and got greencards without a problem.




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  • Munna Bhai
    01-18 12:51 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)

    yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.



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  • RNGC
    04-26 08:42 AM
    Thanks...This is very helpful!....Feeling a lot better now!




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  • natrajs
    08-18 04:26 PM
    Mine Got approved in 6 Days in TSC



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  • transpass
    07-13 11:53 AM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks




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  • helpfriends
    04-15 11:23 AM
    L1A non-immigrant visa. Thank you




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  • TexDBoy
    09-10 11:44 AM
    If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.

    It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.

    The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.

    I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...




    prioritydate
    08-13 01:03 AM
    Well, are we all not trying to be Americans? So what�s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.

    Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.

    The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That�s just Great�. maybe that�s part of being human �. do we expect ourselves to behave/react better than this�. Maybe we just want others to behave better than "this".

    There is nothing wrong, I was just showing the "fairness", Mr Would be "American".




    Dhundhun
    09-10 07:20 PM
    ...
    'Fair'
    'Fast'
    'Forward'
    'Flexible'
    'Fix'
    'Flawless'
    ...

    Wonderful!!!



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