Wednesday, June 8, 2011

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  • fide_champ
    04-09 09:09 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?

    If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
    If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.





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  • bpadala
    07-31 07:26 PM
    Hi,

    Please refer to flcdatacenter.com and download all the PERMDATA in the access dataformat and look for your case number. It should give you certain data needed to do the AC21 paper work.





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  • skd
    09-06 03:18 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska



    You should get yours in 1-2 days





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  • rgpr
    03-28 06:19 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Thank you very much for your help.



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  • rego
    04-22 11:43 AM
    My Regular H1 Extension (8th Year) was approved in one week, in March.





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  • va_dude
    04-09 12:02 PM
    may bulletin takes effect from May 1.

    so until then the april bulletin works and as per that your dates are current. so ur good.

    have fun with ur gc.



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  • anu_t
    06-18 11:30 AM
    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.





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  • lacrossegc
    07-30 07:34 PM
    USCIS admits to AILA that the forms effective date is wrong ....
    http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html



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  • veni001
    12-28 11:07 AM
    To get H-1 extension you need to have one of the following
    Approved PERM labor (not expired)
    PERM labor pending for 365 days or more
    Pending I-140 or
    Approved & "Valid" I-140

    If you can not produce any of the above then "no" H1 extension beyond 6th year.

    On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.


    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR





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  • rb_248
    09-05 10:53 AM
    Folks,

    To celebrate or not to celebrate is the question. I received this email from my attorney's office:

    Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.

    However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?

    Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.

    It is going to be a long long long weekend for us.



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  • pappu
    04-10 12:03 PM
    Bumped

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.





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  • radhay
    05-06 07:50 AM
    Hi, Did they also request paystubs in the RFE ?



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  • waitingnwaiting
    11-29 10:22 AM
    This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
    Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??

    First people who do not have greencard should support.
    Right now we do not even have 1% of those people part of IV





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  • lord_labaku
    12-02 08:54 PM
    ya i replied. I am sure no one is looking forward to paying taxes. Even those who make more than $1 million a year.



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  • dba9ioracle
    09-23 02:19 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.





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  • ilikekilo
    05-04 09:49 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.



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  • rick_rajvanshi
    03-20 03:55 PM
    USCIS Announces New Requirements for Hiring H-1B Foreign Workers
    Changes Apply to Companies that Receive TARP Funding

    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

    The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

    EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

    However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

    USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

    For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.





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  • gogreen39
    07-24 04:29 PM
    Hi ,

    Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...

    Kindly let us know, if anybody who have filed at same time and have not yet received any update???

    Thanks in advance!!!!





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  • meridiani.planum
    03-14 12:33 AM
    I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?

    Yes, some of them do.
    And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.





    gc_kaavaali
    05-07 12:30 PM
    If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?





    gc28262
    02-19 08:31 PM
    Please refer this

    http://www.murthy.com/news/n_efftrv.html



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