Wednesday, June 29, 2011

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  • sac-r-ten
    07-07 11:55 AM
    I tried to find answers in other forums but didn't find any.
    I would appreciate if any attorneys/knowledge people can help me with this

    Doing a AR11/Change of address, do I include all these as additional applications

    1. MTR number
    2. Appeal number
    3. Original 485 (denied) for primary applicant
    4. Original 485 (denied) for spouse
    5. Denied 140 number

    or just these
    1. MTR number
    2. Appeal number

    Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.

    This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.

    Anybody who had a pending appeal during a change of address, please reply.
    thanks in appreciation





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  • xbohdpukc
    04-21 08:17 PM
    Surely won't fly.
    I-140 doesn't belong to the employee. Period.





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  • pappu
    08-22 02:04 PM
    /\/\/\/\





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  • reapit
    08-08 02:55 AM
    Hello,

    I needed your advise whether i have a case to file an APPEAL to USCIS granting me 1 yr H1 extension (beyond 6th Yr) instead of 3 yr extension.?

    Recently my 7th yr extension was approved for 1 year in Jul'09 with petition valid date till june'09 (date in the past) . At the time of filling the 7th yr extension, my I140 was not approved but during the processing of my h1 extension my I140 got approved and i had sent the approval copy along with an RFE i recieved in May'09.

    Let me give my case background in details.

    * LC applied in oct'07
    * I-140 applied in May'08 after LC approval
    * 6th yr on H1 ended in June 08
    * had to return India since my LC < 1 yr and I-140 was not approved
    * Employer based on an attorney's advise suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
    � Mar09- applied 7th yr extension based on Approved LC (> 1 yr old ) and applied I-140
    � Apr09- I-140 approved
    � May09 � Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
    � Jul09 � Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)

    Appreciate your advise on the same.


    Thanks,
    Bikash



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  • glus
    12-09 03:26 PM
    You maintain H-1B status as long as there is a relationship between u and ur company. This is usually showed by paystubs. If you do not, you can apply for H-1B transfer, but then the extension of stay will most likely not be granted, as the USCIS needs to see your paystubs. I would speak to an attorney about this.





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  • fundo14
    06-07 12:31 PM
    As per the murthy's site it is possible.

    Check this out

    http://murthy.com/news/n_deceff.html

    I am trying to get the 3 years H1 ext based on the situation mention by you.
    I will keep you posted of the outcome.



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  • sledge_hammer
    07-01 08:54 PM
    ^^^^





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  • reddysms
    09-24 12:45 PM
    I am not sure if this discussion may be opened by someone already. I could'nt find it and hence I am opening a new one.

    I know its not required to have SSN for starting the job from 10/01/2007. I am eager to know if we can apply for SSN before this date or do we need to wait until Oct 1st. Thanks



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  • saturnring11
    12-20 06:13 PM
    Does anybody know which ASC in the bay area allows walk-ins? I missed my appointment and need to get this thing taken care of before I travel (I'm going to be out of the country Jan-Feb).

    I tried walking into the San Jose center but they asked me to reschedule my appointment. I'd appreciate any advice.

    Thanks.





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  • cheesy_x
    09-26 01:27 PM
    whoah



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  • beautifulMind
    11-02 08:58 PM
    the Company is given guidelines by the lawyer and USCIS and they need to follow those guildeline. I am not interfering. I just want to know if what they did would satisfy the requirements of the PERM recrutiment process. Not sure why you gave me a red dot for this. The AD was posted by HR and I work for a very big university. All i wanted to know if it satisfy PERM requirments...





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  • nousername
    04-02 04:07 PM
    That actually is the right way to do it.. Once your project is done technically your H1 is expired and you need to return to your home country.

    Yes, you can file for a transfer and travel anywhere you want but for reentry you will need the transfer notice or approval notice from the new company, which can be mailed to you. If you already have a visa stamp then just show the new approval (transfer) and they will let you come in.



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  • desixp
    05-28 08:46 PM
    Hi RayofLight,

    Thanks for your effort. Will meet you at DC.

    DesiXP





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  • GCBy3000
    07-25 06:02 PM
    Are you in consulting business. Technically you are supposed to work at the location where you have filed your LC. If you had filed prior to PERM, then you may be fortunate because pre-PREM there was a textarea where the employer could explain about where the beneficary would work. Consulting firms filled out this column in such a way that you could work anywhere in US, but your head office is xxxx. If this is the case then you should not have problems other than filling our AR-11 and sending it to DHS / USCIS.

    If it is after PERM, then you do not have any options. I am not sure how consuting firms handle this situation.



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  • Better_Days
    10-24 07:25 PM
    Doesn't the date fall on a Sunday? It is probably a system update: I belive that similar things have happened to others. Don't worry and enjoy your weekend.


    My EB2- I140 (INDIA) approved on March 09, 2007. We also have received our EAD last year after filing I-485 in July 2007.
    I was checking online status and for my I-140, last updated date shows January 06, 2008. (My EB2 PD is OCT 2006). Can any one explain why the I-140 showing update date of 01/06/2008. The online status says following text :

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
    Current Status: Case approved; approval notice e-mailed.
    On March 9, 2007, this I140 IMMIGRANT PETITION FOR ALIEN WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


    I am little bit confuse.
    I appriciate your help.
    Thank you.





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  • kshitijnt
    06-26 02:38 AM
    Guys,
    I'm in kind of a tricky situation.
    I currently work for a consulting company who is sponsoring my GC.Our client has offered me a full time position and I was planning to use AC21 to switch over but better sense prevailed over me to continue with my current employer to avoid any issues in GC processing.Now my client is not willing to extend my contract.Given the current job market, I think it might take atleast a month or two for my employer to find me another project.
    Just in case my I485 gets approved, can anyone please let me know if it is ok to be without pay (employer will not pay between projects) after the GC gets approved?Please advise.

    Thanks.

    Yes it is ok. If 485 is approved. Just dont use the unemployment benefit if you want to be a citizen. Btw, whats your EB category and PD?



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  • snowcatcher
    06-10 07:22 PM
    Can anybody please let me know what are the documents needed to file for 485. If I do not have any immunization record, how can I show that immunization record?
    Somebody with experience please post. It has been answered earlier elsewhere, but I could not find it through search.
    Thank you





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  • die_exquisita
    05-27 01:27 PM
    Thanks!





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  • kirupa
    03-01 04:29 PM
    Haha, no that's fine. Hand-drawn is what I meant. I could never turn down pixel art :P





    kiran_k02
    01-11 01:01 PM
    Rahul,

    I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
    My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
    My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.

    Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.





    cjgirish
    02-06 02:13 PM
    Hello All,
    I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
    � How can I retain my old priority date?,
    � Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
    � It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.

    Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.

    Regards,

    CJG



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