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Monday, June 20, 2011

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  • loudobbs
    12-09 03:12 PM
    Of course I do..:rolleyes::rolleyes::rolleyes::rolleyes:

    :rolleyes:





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  • answers_seeker
    09-17 01:09 PM
    TV25,

    1) You were in H4 at first when U came to this country.
    2) Then you were sponsored(H1) by some company.
    3) you worked for 3 months.
    4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
    5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
    6) You came back to US on H4.
    7) Get a letter from USCIS that h1 is denied.

    What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
    That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.


    See that's what I exactly said in my last post. The COS that is obtained in the US is a "privelege" it is by no means supposed to over ride what the consulate decides in terms of the visa stamp. That is exactly the reason some of the applications get a H1 approval without the I-94. This is done because they are in no position to verify a lot of things that the consulate can verify. If you have a valid H4 stamp and you want to get back into H4 status instead of applying for another COS, you can go out of the country and enter using H4 and your status will change to H4.

    Anyway, like I said in our case I asked the IO behind the counter in vancouver if she can use H4 to enter the US his response was "It depends on the officer at the POE ". Guys I spent a good two days researching this topic while we were stuck in vancouver. Basically you can come back but your status is reverted back to H4. You are not supposed to work once you are in the US. In our case we immediately applied for another COS prem processing within the US and it got approved. My wife again changed jobs last year on H1 and that got approved too.

    In this case, the misrepresentation of facts in her H1 app is something the poster might want to get clarified. She should be fine.





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  • james_bond_007
    04-09 05:22 PM
    I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

    receipt Number: SRC07******

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

    Current Status: Card production ordered.

    On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • dpp
    08-14 02:22 PM
    Check below responses.

    Using AP for travel is losing H1B Status?

    Nope. You can continue to work on H1 eventhough you use AP for re-entry.

    Also dependent GC applicant using EAD means losing primary applicant H1B Status?

    Nope. Dependant usage of EAD is no way related to primary applicant. Each 485/EAD/AP is a separate application. But if primary uses EAD for work, then dependant loses H4 status and both comes to AOS pending status.

    Please let me know?

    Thanks



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  • eb3India
    06-22 03:50 PM
    :)), oh well, Indian government spent money on our education and we left India we may never won't back to India,

    why the hell he cares for our issues

    he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.

    we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,





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  • champu
    03-12 07:08 PM
    This is how it should be done...

    - request USCIS to port your PD from already approved I-140 from past employer
    USCIS may or may not do it for you

    - if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

    Here is the extract from the law -

    QUOTE
    (3) Priority Date Based on Earlier Petition.
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
    UNQUOTE

    Disclaimer -
    I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation



    Now why I suggested you yesterday not to do it -

    2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-

    we would approve your application if either of these PD gets current in their respective categories.
    Kid! you got it now...:rolleyes:



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  • pappu
    06-20 09:30 AM
    My I-140 was never approved..

    there was a first RFE for my exp letters,

    and then there was an enquiry against Employer
    and then RFE for A2P
    and after answering A@P it is denied.

    while it was pending, during July07 fiasco we applied for I-485.

    Do you know why there was an inquiry against Employer?

    Your case seems different





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  • PD_Dec2002
    07-10 09:04 PM
    However this smacks of unfairness as well. See this comment on Greg Siskind's blog (http://blogs.ilw.com/gregsiskind/2007/07/service-centers.html#comments) in response to the news about TSC holding the applications while NSC's been retirning them and some July 02 packages have been returned as well.

    Greg,

    Where did you get this news? If they partially returned some cases received on July 02, it is very very very unfair for those got returned. They were the first getting in the line and now they have to wait at the end of the line??? If USCIS is going to treat the returned cases that way, they will face more lawsuits to come. If they are to hold later on cases, they have have have to allow the returned cases to be sent back and put in front of the line, with delivery notice as the proof of getting sent back.

    This is very annoying notice indeed.


    Posted by: no more patience | July 10, 2007 at 05:02 PM

    ----------------------

    Thanks,
    Jayant



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  • gc_aspirant_prasad
    07-05 05:41 PM
    Emailed my congresssman , have already called my state and neighboring state senators.





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  • thomachan72
    08-17 02:06 PM
    EB2 is for advanced degree with exceptional ability.
    3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
    Diploma is not considered for GC. It is useful for H1B.
    Try in EB3. Still not give 100% guarentee.
    They need 4 year single source education/degree, for US equivalent.
    My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
    USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
    It equate 3+2 Indian degree (not diploma) to US 4 year degree.

    Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:



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  • grupak
    03-06 07:14 PM
    Yep. Paid Time Off (PTO) - This will allow me to get regular checks until PTO is exhausted.

    Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?

    There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html

    But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.





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  • qualified_trash
    10-06 03:36 PM
    this is also assuming that you have filed for your 485. you cannot apply portability with:

    approved labor + approved I140

    you can only move to another employer with:

    approved labor + approved I140 + pending 485



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  • 485Question
    09-21 12:44 PM
    Follow my signature.





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  • cnag
    05-24 01:24 PM
    Sent fax#15 from CT!!!!



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  • h4hopeful
    04-10 01:06 PM
    MD_123: I agree with you. It is very important that IV's position in this issue is clear, because this issue is key for a lot of people.





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  • cherryred50
    04-09 09:21 PM
    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday



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  • need_EAD
    05-24 12:40 PM
    done





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  • jonty_11
    02-05 11:05 AM
    wonder why they are asking so many folks abt whether Perm Res is filed or not??? Looks like they are trying to collect some data?





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  • pappu
    06-20 10:08 AM
    Personnel message sent.

    Saw your message. Thanks.

    If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.





    amitjoey
    11-19 05:08 PM
    Why is this topic being discussed. masters, no masters, eb2/eb3/ India vs china vs world. Who cares?
    Do you think the politicians or their staff understand these nuances? do they understand any of the steps? I140/i1485/labor? NO. And nobody cares.

    FOR ONCE, if we all get united and rally behind IV, NOT GET DISTRACTED, WE CAN ACHIEVE SOMETHING FOR EVERYBODY.

    There is a golden opportunity right now for once to eliminate all backlog

    Please take the action item seriously and after you have sent emails out, Please encourage others to do the same.
    Then take appointments at your congressman/woman/senators office next week. Ask them to support the two ammendments to the DREAM ACT. That is it!!

    Do not talk about any other issue while at the appointment, the message we need right now is for them (the lawmakers) is to support those two ammendments, DO NOT DILUTE THE MESSAGE By adding/confusing them with other related issues or personal issues.

    Imagine if we all are united and stuck to the message, next week and week after if there are hundreds (wish thousands) of us going into our lawmakers offices and asking for these -just two ammendments. The message will be loud and clear and they might just get it.
    Imagine this vs the second scenario where members go in and are inconsistent and talk about all the problems in the Immigration-Universe- EAD Delays, Masters, H1/EB3/EB2/QUOTA?. They will not understand any of this and it will confuse them thinking each one of us has a small unique problem-

    That is why we need everybody to be consistent and focus on the message. It will make them take notice and gain their support.





    ameryki
    10-07 01:47 PM
    Anybody from Nebraska SC who got their I-485 LUD updated right after FP or even after couple of days?

    Yep me and my wife had an fp appt on Oct 3rd our status LUD on Oct 4th. file # LIN712xxxxxxxx



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