Friday, June 10, 2011

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  • CRAZYMONK
    09-24 11:38 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.

    Is that RFE just for G-28?





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  • nogc12
    08-03 06:08 PM
    I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.





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  • gc_on_demand
    06-02 02:44 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.


    if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.





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  • vivache
    11-06 09:52 PM
    Ok .. let me give you the math before getting to the question: )

    Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf


    140 k GC numbers every year
    85% available for folks in US, which is 199k
    Out of these 119 k visas available, 40k are Eb3 category ..
    10% for country .. so India's numbers should be 4000 a year

    There are 14000 Eb3 visas before mine
    Out of these 4750 are from India

    So maybe I get the GC in 1 year 2 months?
    Starting from? next Oct 10, meaning GC in Dec 11?

    7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?

    What is confusing is this?
    As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
    And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
    If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?



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  • p_kumar
    12-20 02:08 PM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice

    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D





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  • hoolahoous
    02-04 10:53 AM
    since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
    If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.



    PS: I am not an attorney so consult an attorney first.



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  • saibabu_d
    07-12 01:30 AM
    The following comment made by other member looks inappropriate to me:

    "Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia."

    I learned that it is not difficult to meet governor; he also have good reputation with Bush ( so things might change in our favor).





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  • 2008FebEb2
    09-17 04:27 PM
    Plase make those Calls...


    Is'nt the voting on the bill scheduled today? :confused:



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  • Lily Allen#39;s



  • kum31
    10-04 12:10 PM
    Thanks for your response ...

    contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.

    so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?

    Hope it is clear for you ....





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  • sweet_jungle
    09-16 06:27 PM
    bump

    Bump

    I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?



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  • xela
    11-20 09:10 AM
    [QUOTE=PavanV;1128388] That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.


    Now here is what you first said in your post before you edited it, this is what I got in my email:
    " Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "

    So you send me to China just because you did not like what I said.
    Now how do you think the Chinese here feel about your oh so nice comment.
    Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.

    And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
    ,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
    Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.

    I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.

    And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.





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  • sintax321
    10-02 03:42 PM
    Thanks for those blobs. I'll play around with them but I defenatly won't claim that I made them. I will always show credit where credit is do. Thats why on my site I have a Thank you section. I wouldn't be as fare along as I'm without the people on this forum so I never have a problem giving some credit. You guys are all great:) =) :P



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  • nkavjs
    11-09 08:52 PM
    I did answer your question in my first post and asked you a question on which you replied:
    There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
    I'm answering your question, and you are being sarcastic - what do you expect?

    Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
    Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
    Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
    Never mind.. I think you got my message.





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  • prasadn
    10-07 07:31 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.



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  • Alfie Allen (Son



  • cool_guy_onnet1
    02-12 08:41 AM
    No FP Yet, July 22nd Filer. I tried CSR # few times and finally got hold of someone who was kind -enough.
    According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
    She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.

    Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.

    Hope this helps-





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  • txh1b
    08-17 05:39 PM
    One looks like a PM position involving lot of admin stuff and the other sounds technical enough. May have problems using AC21.



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  • kondur_007
    02-23 07:11 PM
    Well, in the middle of negative comments, I have something positive to add here.

    I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

    In any case, I have following comments/solutions for you:

    1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

    2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

    If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

    If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

    Above applies to all the dependents as well.

    3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

    Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

    So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

    Good Luck.





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  • nabs501
    07-17 06:07 PM
    If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.

    If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.

    If she does not have a visa to come to the US; then just wait...

    I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.

    Also, just a friendly suggeston:
    Ask him to join IV :)





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  • buehler
    07-14 09:48 AM
    The EB numbers from 2006 also include the Schedule A workers and they were not constrained by the 7% limit. That is why India and Philippines were able to get more than 7%





    lost_in_migration
    05-25 07:48 AM
    Sent





    tammman
    10-06 09:34 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.



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