Thursday, June 9, 2011

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  • paragpujara
    09-18 04:52 PM
    Yr employer is correct. You can't apply for SSN before OCT 1st as yr H1 starts from OCT 1st. When you go to SSN office, they look at yr current i-94 to find out yr current immigrant status (H1/H4/L1,etc) and if you current i-94 is for H4 then they won't allow you to apply for SSN. I had same exp for my wife. We applied on 2nd Oct in VA.

    Hope this helps.


    I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !





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  • vicks_don
    12-11 02:21 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.





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  • gauravster
    05-06 12:10 PM
    While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).

    Thanks,
    Gaurav





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  • uslegals
    08-20 03:39 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!



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  • agt
    05-23 08:21 PM
    can you pls reveal the name of your employer?
    Thanks for your Reply.
    Right now I am planning to lodge a complaint to DOL against this body shopper.
    The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
    H1B visa holder.





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  • sweet_jungle
    12-12 12:51 AM
    went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.



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  • meridiani.planum
    06-29 03:27 PM
    inline...

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.





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  • clockwork
    09-06 09:42 AM
    3. Internal memo in USCIS not made public about holding visas for EB3 India etc.

    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -



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  • hinvin66
    08-11 12:08 AM
    EB2-I PD: May 30, 2006

    The saga goes on...

    My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...


    Second H1B 3-year extension beyond original 6 years !
    My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
    Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
    Company "B" filed for 1st 3-year H1B extension using AC21 as backup
    Filed for I-485: RD=Aug 2; ND=Sep 17
    Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
    Company "C" filed for 2nd 3-year extension H1B using AC21as backup
    FP done in Oct 2007
    Used AP for Int'l travel 6 times for business trips.
    Soft LUDs in Dec 2007, Feb 2008
    Applied for EAD renewal in July 2008
    Applied for AP renewal in Aug 2008
    Waiting for I-485 approval ... No RFE yet





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  • piyu7444
    04-10 11:33 AM
    Hi Guys -

    I have a question about EAD and related to it is a question of re entry in US.

    I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.

    Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.

    Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.

    If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???

    It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.

    Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?

    Gurus - please help me here...........



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  • aniraj
    07-31 11:42 PM
    I-485 pending with PD June 07 & valid EAD
    Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
    I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
    Is this the same parole as I-131?





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  • pdakwala
    06-11 08:25 PM
    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285

    Thanks



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  • tabletpc
    04-06 01:02 PM
    Thanks guys for inputs...!!!

    I have emailed to chennai consulate..hope they get back to me tomorrow.





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  • bharani
    08-11 09:51 AM
    Eb2 -I
    Pd 04/19/2006
    Rd 08/13/2007
    Nd 10/10/2007



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  • shree09
    08-08 06:14 PM
    Thanks to everyone who replied.

    I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.

    Do you have any suggestions for the canadian places. I heard Vancouver is popular.
    Is one place better than another one..

    Any info will be really helpful





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  • bijualex29
    05-26 06:51 AM
    Analysis of Visa prediction if Bill passes in senate in current form


    90,000 visas to clear backlog, 10% county limit.

    9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).

    Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?


    Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.



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  • cvk90
    07-05 05:19 PM
    I've been contributing to Social security and everything...could other share their experiences ?





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  • dreamworld
    11-09 02:58 PM
    If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.





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  • gcformeornot
    06-30 08:36 AM
    You are a line jumper. Get out of here..:mad:





    jimcourier
    06-08 08:29 PM
    Good news..

    Status changed to :- Approval notice sent.

    Boy oh boy..what a thriller..

    Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)





    sw33t
    11-06 10:05 AM
    90


    We need 10 more.



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