Saturday, July 2, 2011

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  • nehas
    01-29 05:35 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • NYImmigrant
    12-08 01:10 PM
    wow... $4 doesn't make anyone's blood boil. Only if USCIS had paid a little more, may be my case would be approved long time ago.

    What say...




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  • forever
    08-13 09:51 AM
    Who is Becca Fischer ???:confused:

    I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(




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  • sam_hoosier
    01-19 03:51 PM
    Technically, it is the date when LC application is received by USCIS. Most of the time, it is the same as filing date but not always.



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  • dealsnet
    10-12 02:03 PM
    You want to bring him and file I130 ?
    If he marry a US citizen, she can file his I-130 eventhough he is out of status.
    (If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
    For parent , brother/sister filing, I don't know and I don't think it is possible.

    Hi
    My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????

    Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
    Thank you very much




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  • qplearn
    09-13 12:59 PM
    It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
    Fine then of course.



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  • suren1
    09-24 11:49 AM
    based on the published data.. here are the predicted dates by crystal ball ;)
    15-Apr-2001 Oct
    1-May-2001 Nov
    1-Oct-2001 Dec
    15-Nov-2001 Jan
    1-Dec-2001 Feb
    1-Jan-2002 Mar :p
    1-Feb-2002 Apr
    22-Feb-2002 Unavailable:o




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  • acecupid
    06-12 04:10 PM
    You are currently not eligible for I-140 premium processing. However, I-140 premium processing will soon be available to everyone by end of summer. This information is from recent AILA convention with USCIS and DOS officials as quoted in murty bulletin



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  • gopi544
    06-30 05:41 PM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.

    Thanks for the quick replay,

    So it means that if she dose not have the AP with her while she leave US, she can not use it.
    Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.

    Thanks again for the suggestion.




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  • div_bell_2003
    09-18 09:13 PM
    I have heard this before on other forums , too.

    I believe, the USCIS CSR confused "unrestricted" SSN with a "restricted" SSN. Most people on some kind of work permit (F1,H1B, EAD) have "Eligible to work with DHS authorization" ( or something similar ) imprinted on their Social Security card ( it certainly is in my social ), and I believe people with GC/USC don't have any such thing written on their SSN ( it's purely a guess by me, I'm yet to see a GC/USC holders SS card ;) ) . So, I don't think people on work permit can work just with DL and SS card ( if they could , why would they have not done until now :confused: ? ) .

    But, on the other hand, I'd like to know, if people can continue working on the EAD receipt itself ??



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  • uma001
    12-05 08:31 PM
    I got laid off recently.

    Now got job with 2 companies. 1 small and 1 big. 3 questions:
    (1) Should I select based on my salary? Big company offers more salary.
    (2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
    (3) If I transfer H1B Is Big company likely to get RFE or small?

    Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.




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  • sreenivas11
    01-02 07:39 PM
    I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
    She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
    Response will be greatly appreciated!

    1.485 Copy
    2.Previous copy of AP
    3.Two Photos
    4.Confirmation copy (If you E-Filed)



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  • paulinasmith
    08-05 12:49 PM
    Hi

    I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.

    I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:

    1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?

    2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.

    3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
    This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.


    Any advice on the above will help a lot.

    Thank you!!!!!


    Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.




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  • stemcell
    09-24 04:13 PM
    It is best to initiate the GC process. Agreed current times are unfavorable ( LC is taking time etc etc ). But if your LC and I-140 are approved you can switch jobs and port PD assuming you change companies with the same job description.

    My 0.02
    this may not be applicable for everybody.



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  • martinvisalaw
    06-05 05:03 PM
    It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.




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  • vban2007
    07-20 04:08 PM
    No, I wont.
    We had a similar situation.



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  • sundeep14
    07-14 04:40 PM
    Any updates gurus?




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  • immilaw
    09-18 04:15 PM
    Dear Friends,
    My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
    I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
    Am I missing something here?
    Can any one of you please explain what this letter is about?
    Thanks,
    Sreekanth

    When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.




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  • ckpas
    09-23 03:19 PM
    Need some help/advice on PERM LC issue:

    My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

    On may'09 got a query saying "Discrepency in Alien education and experience".
    Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

    my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

    Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

    thanks in advance, appreciate comments

    UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.




    arnet
    11-22 09:29 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/sh...highlight=foia


    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.




    gcpool
    11-16 09:07 AM
    You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.



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