Tuesday, June 14, 2011

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  • gc_chahiye
    07-09 04:32 PM
    yea.. i did not read ur first post correctly..sorry

    well that note was a bit hidden. I have highlighted it almost Macaca-style now!




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  • ImmiLosers
    09-25 01:16 PM
    you are no more eligible for H1B extension. h1b extension/transfer are doable as long as you are in h1b.




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  • linray
    06-14 12:43 PM
    Hi guys,

    my h1 got approved on 21st of april 2009.
    Bolt,
    Could you please update this post? Per the post, I got some points:
    1. Your H1B transfer denied and your I-94 card is expired
    2. You filed H1B transfer again using premium processing
    3. You got approval

    Did you get a new I-94 card since your I-94 is expired?
    Do you need to leave the USA for stamp?




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  • GreeNever
    02-08 03:46 PM
    ... I'm reminded of a popular interview in which a well-noted singer was asked as to how he managed to wed a stunning model. All that he had to say was "I just asked" ..

    Hey, U never know..so let's just do it ;) ..



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  • wa_Saiprasad
    07-26 08:36 PM
    My attorney didn't pay attention to my birth certificate. My birth was registered couple of days after later but the certificate was issued 4 years later in 1979. And my fathers, mothers and my names were not full name. My fathers name was spelt wrong. Anyways nothing can be done now my application went in on July 2nd. I am hoping it will be an RFE. My case is another classic case of Attorney negligence.




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  • gc28262
    05-04 10:21 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

    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.



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  • desi3933
    02-18 07:06 AM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You status is H1 and you are accumulating out-of-status days.

    If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.

    If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.

    ______________________
    Not a legal advice.
    US citizen of Indian origin




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  • sk2009
    07-28 03:38 PM
    mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis



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  • kothuri
    06-10 10:53 AM
    I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.

    Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.

    Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.




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  • ItIsNotFunny
    02-13 03:10 PM
    Congratulations!

    It is quite normal to have few weeks for card production ordered. Enjoy your freedom.


    I got the following message from USCIS:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXX

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

    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?



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  • longq
    03-29 11:09 PM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.




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  • GCwaitforever
    02-07 09:12 AM
    From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.



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  • mallu
    06-13 10:43 AM
    Is there a chance India EB2 retrogresses to 2002 ?




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  • morchu
    05-04 04:37 PM
    That I agree.
    USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.



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  • amitpan007
    10-19 04:33 PM
    These are the job codes from DOL and mine was 15-1031. I am in similar area Oracle Applications. Hope this helps.

    15-0000 Computer and Mathematical Occupations
    15-0000 Computer and Mathematical Occupations
    15-1011 Computer and Information Scientists, Research
    15-1021 Computer Programmers
    15-1031 Computer Software Engineers, Applications
    15-1032 Computer Software Engineers, Systems Software
    15-1041 Computer Support Specialists
    15-1051 Computer Systems Analysts
    15-1061 Database Administrators
    15-1071 Network and Computer Systems Administrators
    15-1081 Network Systems and Data Communications Analysts
    15-1099 Computer Specialists, All Other
    15-2011 Actuaries
    15-2021 Mathematicians
    15-2031 Operations Research Analysts
    15-2041 Statisticians
    15-2091 Mathematical Technicians
    15-2099 Mathematical Science Occupations, All Other




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  • gc_wow
    07-07 01:31 PM
    I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?



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  • ragz4u
    04-13 06:06 PM
    Thanks




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  • payur
    09-07 02:17 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC

    Oh..I see.

    May be soon you will get your GC and then you can kick your employer:)

    I am confused on how your H1B cancellation letter will impact your GC. If my understanding is correct your employer and your husband's employer are different, I don't see any relation. This is my guess and consulting an attorney will be the best.




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  • sekasi
    08-18 08:55 PM
    In that case, kinda have to make the ya rly counterpart ;)




    Googler
    02-20 09:58 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.

    Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.




    vdlrao
    05-11 04:35 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers

    EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.


    Believe me, stopping EB1C fraud directly helps EB3 India.

    .



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