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Friday, June 10, 2011

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  • somegchuh
    09-22 06:54 PM
    Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

    We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.





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  • gps001
    12-24 07:26 AM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks





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  • DSLStart
    03-30 10:00 PM
    Congrats :)
    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .





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  • Ψ
    06-12 01:31 PM
    well here is my last volley not at all great and am not completely satisfied.

    wouldve spent a little more time. but its just dat i have exams and gotta study.
    well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg



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  • frostrated
    04-09 04:49 PM
    i would say efile. You will get the file number immediately as opposed to the mai taking a couple of days to travel and then getting processed into the system. Ultimately, there might be a difference of upto 7 days between case numbers. The earlier your case number, the more advanageous your position will be.
    Just my 2 cents.





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  • DesBhakt
    03-09 06:03 PM
    :D Fun post psaxena
    Nice dream but come to reality, dont even dream of GC till year 2019...... (if it goes in current pace).

    Since OP is talking about GC at retirement his dream is about the year 2019 or beyond.



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  • amsgc
    06-15 11:46 PM
    WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.

    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!





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  • Berkeleybee
    05-24 12:35 AM
    Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.

    best,
    Berkeleybee



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  • dealsnet
    09-08 12:12 PM
    Collect from whom?
    You are not giving any credit card info.
    Did they collect from India?
    I don't think India will have that facility.

    Could be collect call. I would not trust this.





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  • joydiptac
    08-11 06:35 PM
    Democrats are losers. Socialist. They can only sponsor illegal immigrants. Republican party is pro legal immigration.

    Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
    I don't know what to make of it, but to think this is just a political maneuver.



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  • Jaime
    09-14 03:56 PM
    Whats the 30,000? I'm not listening





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  • helph1b
    09-18 05:16 AM
    :mad:
    It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.

    Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.

    All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.

    Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:



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  • bluekayal
    08-20 05:41 PM
    I spoke to a TSC Immigration Information Officer (not customer service). he says they have about 9000 service requests they are looking at. Generally they are not supposed to give status info, but this person does. He is a people-friendly officer.





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  • invincibleasian
    03-27 02:03 PM
    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.
    Amend the LC!



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  • javaconsultant
    03-28 01:55 PM
    This would be a very welcome change ..........

    Lets go for it.....I was watching yesterday's bill and could not find this
    provision...Correct me if I am wrong....

    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.





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  • ramaa
    06-21 11:00 PM
    Thank you for reply.

    Can I request to port 2003 PD at the time of filing 2nd I-140

    or

    Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.

    Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.

    I appreciate your input.

    Thanks



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  • rskanth
    08-08 06:19 PM
    And you know this how?:confused:





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  • admin
    02-03 08:21 AM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:





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  • pcjandyala
    07-23 10:48 AM
    Rayyan,

    It's always better to change the name in the passport (contact Passport office/Indian Embessy near by you) reflecting correctly when you have time now Otherwise it's really create problems in future either in GC or traveling to other countries etc.

    Please look for procedure on Indian Embessy web site (if you are in USA) otherwise passport website in india.

    My 2 cents

    Thanks





    TEKNMEK
    03-02 11:06 AM
    How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.

    TIA

    It is advisable to have the letter just incase if the officer asks for it. Although in my case, the officer did not ask for the letter.





    kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.



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