Monday, June 13, 2011

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  • dilipb
    02-13 03:54 PM
    What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.

    but but but....




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  • gc??
    11-17 09:03 AM
    what is happening? Is anything happening today?




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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.




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  • jthomas
    10-04 05:13 PM
    I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.



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  • maverick_joe
    05-05 04:22 PM
    btw, my heart skipped a beat seeing the title!! :) :D
    The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"




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  • GlobalCitizen
    08-21 01:16 PM
    Gurus,
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.



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  • reachinus
    07-30 10:18 AM
    Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....

    thanks for the kind replies...
    Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.

    Best of luck with your filing.




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  • metoyou
    11-05 10:08 AM
    I was in the same boat as you. I did not get my wife's AOS receipt but all others ( 5 out of 6) . But when the FP notices came with her AOS receipt number on it, I thought USCIS may have misplaced the receipt.
    Right after the fingerprint, we received this LUD on her AOS case:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice returned as undeliverable.

    On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.

    I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?



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  • pnjbindia
    01-15 09:23 AM
    i got frustrated and applied for PP .... came back in 3 days... they are rediculous..




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  • ash0210
    05-03 04:34 PM
    I concurr anirudh74...this fellow is replying every mail and now bit annoying..Directing forum members on..whats good, what not to do, and what to do...

    janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.



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  • RajForGC
    02-20 03:33 PM
    My PERM and 140 under EB3 is already approved last year, (other Conuntry). I am in the process of filing EB2, MS +0, with same company: different postion and 30% job req changes, prevaling wage is different level. I did my MS before I joined this company. My lawyer is saying we should be fine: any suggestions.




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  • fromnaija
    02-18 10:11 AM
    The reasons for retrogression are limit on the number of visas available (140,000) per year, country cap and the number of applications with USCIS for adjustment of status and with DOS for CP. Nobody knows how many applications are outstanding and so we cannot estimate PD movement accurately.



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  • sunny1000
    02-01 09:11 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik

    Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.




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  • Uthar
    11-01 10:15 PM
    Hey there,

    I thought your second version was improved a fair bit, it's nice to have some additional colours and gradient blends to act as a background for your image.

    lata,

    Uth :nerd:



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  • setpit_gc
    08-13 03:39 PM
    485 (EB3) was filed in July 2007 and still working for that company.




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  • needhelp!
    10-22 08:13 PM
    sw33t volunteering for this event coming all the way from San Antonio..
    I know there are tons of IV members from DFW.
    Please volunteer. need help!



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  • EB2_Jun03_dude
    04-11 11:16 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.

    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)




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  • AllVNeedGcPc
    10-20 12:10 PM
    ...just three soft LUDs in 18 months

    - NSC Filer




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  • fl_gc
    07-15 11:46 AM
    My EB-2 I-140 is pending at NSC. I-140 receipt date is 03-21-2007. Processing dates shown for NSC for I-140 is 07-18-2007. My PD is not current but wanted to know that if anybody is in similar situation?




    desi3933
    06-22 07:40 AM
    Hi,

    Can you pls help:

    My wife is currently on H4.
    She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

    Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

    Questions are:

    1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

    2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

    I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

    Please advise and help - thanks in advance.

    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Good Luck.

    Not a legal advice.
    -----------------------------------
    Permanent Resident since May 2002




    ita
    07-25 01:21 PM
    I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being

    1. I had good relationship with my previous attorney.
    2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
    3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.

    Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.

    Thanks.

    I like your reasons.I have good realations with my employer.
    My attornety is through my company though I paid her.
    I'm still concerned with this 'what if my employer and through him my attorney do something that might harm my case if I move to another company'( as my old company will not have me and that will make their business a difference)
    And it's attorney who will have to let me know if there is any RFE in future.
    For the same fear I'm not even asking my attorney any AC21 related doubts that I have as she may go to my employer , tell him about it and that would be like giving him reason to believe I'm moving out even before I made any move.
    If I changed the attorney then there is other set of reasons to be concerned about.

    I would really appreciate it if any one could suggest something on this dilemma that I'm going through (having gone through this themselves or otherwise).

    Thank you.



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