Tuesday, June 7, 2011

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  • smartboy75
    11-06 06:17 PM
    From what you have mentioned, the answer to your question lies in the notice that USCIS has sent to your attorney....The letter should have exactly the steps needed and the time to respond....Your best bet is to request the attorney to send you a copy of the letter....

    Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....

    All the best....





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  • anilsal
    06-29 04:30 PM
    most of the Schengen consulates (Germany, France, Switzerland, Norway etc) are being forced into performing biometrics (aka fingerprinting) before issuing visas. This is going to be another hurdle before you actually are issued a Schengen visa. At least the consulate lady I talked to recently was not looking forward to the biometric requirement. Not sure when the requirement kicks in.

    If you want to get UK visa, you are anyway required to do fingerprints similar to your EAD/485 FP at the USCIS centres. So this exercise will be followed by other consulates.

    With the airlines suffering, I am wondering if there will be any respite to their woes.





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  • werc
    03-28 03:22 PM
    So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?

    I think you were referring to this in the link.

    b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

    I understand this to mean that aperson who has spent a year outside the US has 2 options.

    1. To apply for a new H1 (subject to the cap)
    2. To use the remainder of the 6 years he has from his prior H1B.

    Please correct me if I am wrong.


    If you don't have 1 year gap. otherwise you are subjected to.





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  • jvordar
    04-07 05:48 PM
    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..



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  • waiting4gc02
    11-16 08:28 AM
    Normally,

    1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
    2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
    3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.

    They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.

    god bless.

    KP


    I do not have any bond signed with the Consulting Company about NOT joining the client. Also I have been with the COnsulting company for 8 years and have good relations, so I am hoping they should be OK.

    One more question I have is, am i obligated to join the Consulting company after I get my GC, if I were to leave them after 180 days of filing.

    Thanks and good luck.





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  • dkupadhyay
    11-24 11:59 AM
    Thanks for your response.


    The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
    What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?



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  • kaarmaa
    05-04 09:01 AM
    I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.

    DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.





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  • obelix
    07-27 02:27 PM
    Thanks. I will ask my employer if they can provide me one.



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  • nareshg
    12-15 06:39 PM
    When did your last FP was done?? is that in Feb'08??

    my last FP (which was my first one) was done in Feb 2008.





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  • MetteBB
    05-11 01:47 PM
    Here's the new cherry one...



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  • hoolahoous
    10-30 05:28 PM
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.


    that settles it. Receiving Unemployment benefits is okay on AOS.





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  • samcam
    05-19 11:28 AM
    Senate discussing High skilled immigration... log on to the live commentary thread to know more...



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  • 485_spouse
    05-25 02:53 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    did it last month.
    It will take atleast 6 weeks.
    485_Spouse





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  • insbaby
    08-24 02:13 PM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.

    CBP & INS officers are much trainined in strategies to ask specific questions to individuals.

    Most people from India do not want to purposefully lie, afraid of maintaining with a series of lies.

    CBP & INS knew that students work somewhere. Our friend was a student then and it is not a surprise that he was trapped with some specific questions.



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  • uimv
    03-14 12:18 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
    Switch from H1 to EAD is done by filling out new I-9 form for EAD.





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  • gcwaiting17
    08-07 02:28 PM
    We are in the same situation. My husband got the renewed EAD. But i am still waiting for mine. My EAD expires on Sept. 10th.



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  • fall1998
    05-13 04:17 PM
    Thanks! It seems only a small portion of applicants who are current are pending (only a handful have updated), so it looks like USCIS is working really hard.





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  • pappu
    09-01 09:52 AM
    You need to connect with company A and get your documents to prove 2 year experience.
    There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.

    It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.

    If you show 2 year experience you will be covered as per your RFE.
    For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.

    now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).

    You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.





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  • Steven-T
    February 23rd, 2004, 08:35 AM
    We know how those B&H sales-people behave. I have been there too often. It all depends what you need and who happens to like to talk to you on that day at that time. LOL.

    Adorama is much smaller, but much more user friendly. 17Photo is great in price too. I haven't try the cash-for-no-tax thing yet. J&R is great, but never seem to stock the camera stuff I want, not even a 72 mulit-coated thin CPL.

    Steven

    RFE on I-485 with October 06 priority date [Archive] - Immigration Voice

    View Full Version : RFE on I-485 with October 06 priority date






    GCWhru
    06-24 09:16 AM
    Xgoogle,

    I am in the same boat. I believe you can go ahead and start your full time study, Now I don't think your wife's case is pending based on your work, since you already got your GC.

    Even in the worst case you can sponsor your wife with your GC status. I was kidding my wife that I become UC and sponsor her.





    USDream2Dust
    10-15 12:26 PM
    Hi,

    I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.

    I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.

    My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.

    This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?


    Thanks for you help,
    USDREAM2DUST



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