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  • Jerrome
    03-10 12:01 AM
    You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.

    It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.




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  • Rsamuga
    07-16 03:03 PM
    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!




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  • mbartosik
    03-12 03:33 PM
    I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.

    My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.

    Even on EB3 my PD is now current.
    When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.

    So here is my plan...
    On Thursday call again. Raise another service request?
    Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
    On Thursday go see Congressman's office.
    Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.

    When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.

    Any comments please?




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  • DSLStart
    03-10 08:31 PM
    Yeah, definitely it looks like they are having problem only with certain states. Before this happened, I noticed that in Feb it allowed to transfer maximum of only $1000 to India in once transaction. Earlier the limit was some $5000 per transaction.
    May have to shift to ICICI now. How is money2india e-Transfer? Hopefully their ACH direct debit is still operational. Is the service good and reliable?
    Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)



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  • ramus
    06-29 12:50 PM
    I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.

    Anybody got chance to hear to NPR today?






    If anyone is interested in finding what other groups are doing:
    Reminder: Today, Friday, June 29, the Coalition for Comprehensive Immigration Reform will be hosting a nationwide conference call at 3:00 PM Eastern time to discuss the implications of yesterday�s Senate vote. If you are calling from a land-line, call 1-888-341-6639. If you are using a cell-phone, please call 1-641-594-7000. The access code for both numbers is 65777554#.
    ===============
    If you find some helpful information, do post on the thread.




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  • alisa
    05-25 07:09 AM
    I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)

    I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)

    BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
    The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.

    I hope I am wrong, and you are right, and the PDs continue to move forward.

    But it doesn't seem likely. Nothing has changed fundamentally.




    One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.



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  • Narend
    10-29 04:08 PM
    Hello,
    Since that you are already a business owner in the US, I would recommend you also look into other options.
    You know it could be not completely right on my part to tell you ways where you could become permanent residents Legally. But a little thought and research will show you ways.
    If not feel free to private message me and i can try to provide you some tips.

    Cheers,
    N. :D




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  • mammoy2k
    01-14 05:11 PM
    Check out venture fund organizations in your area (such as sdvg.org). Also prominent universities such as Duke/Stanford/UPenn have Startup Challenges (google duke/stanford/wharton startup challenge).

    The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.

    Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.

    Disclaimer: a former scientist who moved to business side.

    For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

    Thanks

    PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.



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  • hivicks
    04-07 09:48 AM
    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks




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  • atul555
    09-02 02:17 PM
    Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
    Which is correct ???
    You are stealing/swallowing your words ??? !!!!!!!!!!!!!!
    SEE YOUR PREVIOUS THREAD.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.



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  • ak_manu
    10-17 06:32 PM
    Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!




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  • diptam
    06-26 02:13 PM
    Is that what you meant ?

    If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...

    That gives the consular officer a comfort feeling probably !

    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.



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  • kondur_007
    08-17 03:07 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.

    If that is the case, you have two options:

    1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).

    2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).

    After that you can get your SS card.

    Good Luck.




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  • leoindiano
    02-12 09:40 AM
    Guys,

    SR's doesnt work. period. I tried 3 times.

    best thing is take infopass at your local INS using http://infopass.uscis.gov.

    Go and show your receipts, they will schedule the FP appointment within 2 weeks from then. Most people did that successfully and i also took appointment for next week.



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  • jvordar
    04-07 05:48 PM
    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..




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  • logiclife
    07-11 12:32 PM
    Then they have 2 choices:

    1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)


    2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.



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  • LostInGCProcess
    10-16 05:13 PM
    One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance

    Do the right thing. Don't try to find a loophole.




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  • desi485
    10-11 01:52 PM
    fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.




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  • smartboy75
    10-02 12:47 AM
    I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
    Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....




    maddipati1
    07-30 08:02 PM
    EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

    sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.

    but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.

    so talk to your employer and attorney. im sure they must have received it.

    good luck


    S




    dreamworld
    11-07 12:44 PM
    Thank you everyone for the responses.

    Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.

    masti_Gai is right...

    Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.



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