Thursday, June 9, 2011

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  • gc_chahiye
    10-31 03:32 AM
    Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason.

    where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)




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  • gcsucks
    06-01 02:37 PM
    I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!But it does increase the GC quota which will substantially hasten the process




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  • kumar1305
    09-23 08:12 AM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....


    It�s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.

    No matter how many bills these Senators may make they are not going to stop outsourcing.

    America didn�t develop because of protectionist policies, it grow because it was a free market.




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  • BMS1
    08-21 12:06 PM
    Congrats.

    Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.

    Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.



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  • dazed378
    03-28 02:47 PM
    Thanks, snathan.
    Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.




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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.



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  • harryom
    04-10 11:16 AM
    Gurus:
    I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

    Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
    Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

    Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
    Question2: Do I need to update USCIS with new passport#, if Yes..how?

    Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
    Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

    Any suggestions/advice..please share it if any one had similar experience..

    Thanks




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  • canmt
    10-19 11:41 AM
    The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).

    You could find the salary details from www.flcdatacenter.com.

    I hope this helps and good luck on your greencard chase.



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  • seekerofpeace
    07-20 08:12 AM
    I asked my lawyer specifically about this W2/bank statement/tax forms etc...All he needed was a employment verification letter.

    He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.




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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.



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  • chi_shark
    09-09 04:30 PM
    :eek:

    What the h### am i getting the red dots for anyway? it looks kinda cool!




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  • GCwaitforever
    07-14 06:37 AM
    This is great news. :) This increases the chances of letting the bill fly through all the obstacles the House.



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  • cagedcactus
    04-06 11:05 AM
    while it is good to hear from USCIS, who pretends to be running smooth in law makers' eyes, it is also disappointing that nothing is being done to resolve. Numerous amounts of attempts have been made by pro immigration parties, but nothing has passed that can help the cause immensely. They just continue to run as they feel necessary, and regardless of how many senetors I have met, the outcome has been same. Lots of promises and no action.
    This is huge moneymaking machine for USA that will continue to be so. Why the heck would they jeopardise their income on EAD and AP renewals? :rolleyes:
    we are in for long ride.... have been in for a long time, and it is just getting longer....




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  • kish006
    12-27 09:13 AM
    I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....

    Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).



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  • ragz4u
    04-13 09:58 AM
    So total is 90 days after Prez signs (normal for every bill) + 90 days (sessions amendment) = 6 months




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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!



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  • peer123
    04-09 11:15 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help
    bumping it up... - please provide your input




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  • logiclife
    12-22 06:03 PM
    There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.

    You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.

    Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:

    1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.

    2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.

    This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.




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  • raj2227
    10-17 03:18 PM
    I changed my adress after filing I-485 and I-765, thru online using AR11 form
    Its prety easy and we got our new EAD cards to new adress.

    I-485 - July 2nd
    I-765 - July 2nd

    Receipt notice Aug 29

    Change the adress online on Aug 30.

    Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.

    Recvd EAD cards to new adress on SEP 10th.

    so its very easy. nothing to worry .




    mg_chase
    12-24 10:13 AM
    Guys. Assuming the same set of conditions as being discussed in this thread (Intent to change employers, I-140 already approved etc..)... Would I be able to retain my PD even if I change my field when I move to a new employer (shift from IT to Marketing after getting my MBA).

    Any help would be highly appreciated. Thanks.




    Ramba
    10-08 06:05 PM
    Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.



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