Friday, July 1, 2011

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  • whattodo21
    04-20 01:31 PM
    John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)




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  • sammielee
    07-01 10:56 PM
    In Canada, most people get a short version of their birth certificate. This is what I had and what was submitted. There is a long version, like a registration certificate, that most Canadians don't carry around and wouldn't order and that is now what USCIS requires. I didn't know that until the very end of my meeting for permanent residency. On the sheet/notification, it says that I have 90 days to submit the document, the long form of the birth certificate as "failure to comply with this request will be deemed grounds for denial of your application for lack of presecution". Although I immediately requested my birth certificate from the Canadian government, I have had to fight to get it pushed through fast enough and they now tell me it's processed but somewhere in the mail. I'm down to the last couple of days with no way of knowing where it is.




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  • rajeshalex
    11-12 09:19 AM
    Take an infopass appoinment and find out whose mistake was it.

    How do u know if the employer is lying? ( chances more if its a desi)
    or if its a mistake from USCIS

    Rajesh




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  • Pineapple
    10-13 10:28 AM
    If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
    Once we have some people, we can plan and set up appointments over the next few weeks.



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  • zephyrr
    05-22 12:20 AM
    i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.

    looks like 2003 pd are starting to get picked up at TSC.

    how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?

    thanks.




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  • sac-r-ten
    03-16 05:03 PM
    h1bjava, why are you so much worried about denial. why are you thinking so -ve to start with.
    I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
    To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.



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  • unluckydude
    06-01 10:00 AM
    My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.

    I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.

    There was never an explanation about why my online status shows the card/document in production.

    In this case, what are my options ? Please help.

    Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.


    -Unlucky Dude




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  • amitnaik
    08-22 04:44 PM
    Here are the details:

    Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)

    With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.

    Need help/input with folloiwng from the gurus:

    1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.

    Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).

    2) With premium processing, how long it takes to get I140 approved?

    3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.

    Appreciate your help.
    Thanks in advance.



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  • desi3933
    02-18 11:36 AM
    ......
    As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

    Will this be a big problem in the future in terms of Green card processing?

    ......
    ..... I don't know much about the legal process.

    Thank you!

    First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.

    Read this pdf
    http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

    You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.


    ________________
    Not a legal advice.




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  • Lasantha
    12-05 08:27 AM
    As far as I know, you should meet the requirements as of the priority date of the LC, not when the LC is switched. You may want to consult a good attorney on this one.



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  • pscdk
    08-29 06:35 PM
    Hello Friends,

    My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).

    I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.

    Any suggestions or anyone in similar situation

    Thanks!

    I suggest you contact your lawyer to make sure it won't be a problem.
    Working on CPT is part of maintaining F1 visa status and your case is same as being on F1 visa while ones I-485 is filed.




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  • newbie2020
    06-18 05:41 AM
    I need to clarify if you are working for employer A for say BS+7 yrs and want to apply GC through Employer A then the 7 yrs exp is not counted against experience ( very rare cases it can be considered if the new position is completely different)

    IF you are processing your GC for future employment with say Employer B then the 7 yrs is counted.

    Did that clarify your doubt



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  • sachya
    08-13 08:31 PM
    I am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
    He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,

    1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
    2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
    3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
    4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
    5. After asking for my passport back will it affect the renewal of my travel document (AP)?

    Thanks a lot!




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  • sc3
    08-11 08:38 PM
    Hi All:

    Would appreciate if you could answer to my questions below

    1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option

    2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.

    Thanks,
    Dollygc

    Yes, it is possible to get from Company B.

    You need to join company B when you get your GC.



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  • ssashraf
    04-25 02:57 PM
    I am planning to change jobs within the next 30 days and my I-140 is currently in process (filed October 2010). I have applied for I-140 premium processing last week and expect to have a response from USCIS by May 6 2011. My new employer is not sure that they can transfer the H1B since I have an I-140 in process with my current employer. The H1B with current employer expires on July 30 2011.

    Question:
    - Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
    - Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension?

    Guidance will be greatly appreciated.

    Thanks!




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  • rockstart
    11-18 01:53 PM
    Most of these employers have a standard templates for H1 application and all they do is FIND & REPLACE to modify it to suit each individual applicant. In my case the person who was modifying it for me changed my Name in most places except one place where it was still saying the name of some other person. So the application was like this

    This is visa petition for Mr XXX ..............
    Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....

    I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.



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  • Better_Days
    01-08 01:17 PM
    Nothing positive? Check this out:

    http://immigrationvoice.org/forum/showthread.php?t=22242

    There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)
    That would be devastating! I dont see any positives out of that move.




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  • dc2007
    06-30 09:41 AM
    Anybody please help me.. If its possible I want file PERM asap.




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  • tempgc
    10-17 02:25 PM
    Thanks vaishu




    ferozmd
    09-21 05:10 PM
    Dec 21 2006 - EB2 Regular




    Pineapple
    05-07 09:05 AM
    I believe the correct Kafka analogy should be "The Trial", not "The Metamorphosis".
    The Trial is about a character, Josef K. who is arrested one day, out of the blue, for an unspecified crime. The novel is about K.'s futile attempts to figure out why on earth he is being prosecuted.



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