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  • natrajs
    08-21 09:35 AM
    Anybody?

    Contact your local lawmaker with your case details

    Call USCIS - NSC

    Write to Ombudsman

    I hope you did all of this already. If not don't wait anymore

    Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.

    Best Wishes and Good Luck





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  • dontcareanymore
    12-18 05:28 PM
    Hi

    I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.

    I have 2 questions here.

    1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
    Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.

    2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).

    Please advice, I will really appreciate your suggestions on this ASAP.

    Thanks

    Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.





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  • pritesh80
    02-06 09:10 AM
    URGENT HELP

    Its a simple case. I read all the posts on this thread but I dont think I got an answer I want. Here is my dilemma -

    Scenario: I currently work for Company A. I interviewed with Company B and they are ready to file for my H1b transfer but they need me to join within the next 3 weeks. Today is Feb 6th 2008.

    Question1) Is there anything like a H1Btransfer or is it a brand new application??

    Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?

    Question3) When can I start working for Company B?

    Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?

    Thanks in advance for your response.





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  • rpatel
    12-12 09:51 AM
    I have an opportunity to do some consulting work for a company B on a part-time basis apart from my current full time job with company A. I know that I will need another H1 for the part time gig but what I am confused about is whether the company B has to wait for next years quota to file for an H1 or can it file immediately ? Meaning is the H1b quota tied to max no of individuals ? or to max no of positions ?

    I would appreciate if some one knowledgeable about the issue can comment on my question:confused:



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  • wisley
    11-10 02:58 PM
    hi all

    a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????

    any insight are appreciated





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  • rkm
    07-20 10:48 PM
    Let us poll here only for Texas Service Center 02-July filers and find stats to estimate the timeline



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  • waiting4gc
    09-11 07:56 PM
    Murali,
    Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.

    The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.

    As always, check with your lawyer to get final opinion as your case is best known to him/her only.

    My 2 cents, hope it helps.





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  • imh1b
    10-26 08:44 AM
    USCIS - USCIS Issues Two Precedent Appeals Decisions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f8925403f0bcb210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    USCIS Issues Two Precedent Appeals Decisions

    WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.

    "The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.

    An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.

    The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."

    For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).



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  • bikram_das_in
    06-03 09:57 AM
    If china moves forward, it's good news for EB2 India which will get all the spillover visas.





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  • ujjvalkoul
    06-23 06:10 PM
    r u guys filing both applications with the same employer.

    Can I retain PD (Aug 2003) of EB3 labor application filed with Employer 1

    Now I have PERM approved in EB2 with employer 2

    Can I transfer PD in this case.



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  • chna
    06-30 11:46 AM
    Hi Friends,
    I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
    Any thoughts or advice on this? Appreciate all the help.
    Thanks a lot.





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  • skd
    08-21 06:14 PM
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  • thakkarbhav
    11-17 12:19 PM
    I guess you need GC to apply for UnEmployment benefits....Is it correct?





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  • natrajs
    08-21 09:35 AM
    Anybody?

    Contact your local lawmaker with your case details

    Call USCIS - NSC

    Write to Ombudsman

    I hope you did all of this already. If not don't wait anymore

    Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.

    Best Wishes and Good Luck



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  • Ennada
    09-16 02:49 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help





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  • krishnam70
    02-20 08:05 PM
    Hello All,
    I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.

    First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.

    Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.

    Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.

    Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). If you have all the documents related to your employment and are able to prove you are still working and necessary for your job you should get your visa. It all depends on the documents presented and some of it on your luck

    - good luck
    kris



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  • raysaikat
    11-13 02:34 PM
    Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.

    Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.


    After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani





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  • Dhundhun
    07-09 04:52 PM
    Dear fellow IV members,

    I was just referring to my first application for EAD filed by my lawyer (july filer)

    For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?

    But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.

    I have not traveled outside the country after renewing my H1-B.

    Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?

    Thank you!!!

    Actual date of last physical entry.





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  • GCwaitforever
    09-13 12:55 PM
    It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.





    sweet_jungle
    11-13 12:33 AM
    Has anybody tried getting an FP by walking in at an ASC? If you have waited really long enough, will the ASC entertain you if you produce them the I-485 receipts?





    suriajay12
    06-26 08:43 AM
    Hi all,
    Thanks for your time...please help.

    My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
    On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.

    But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�

    Thanks for your advice,
    crao

    To my knowledge, this can be expected when 140 gets denied.. But when you get your 140 approved by MTR or other, you can initiate a process to re-instate the 485 and other which were filed before. Talk to a good attorney and I'm sure you'll be OK.
    Take it easy and you'll be OK. Dont panic.. I have read that its not unexpected..