Saturday, June 11, 2011

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  • WeShallOvercome
    07-27 02:13 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)





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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.





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  • chalamurariusa
    04-29 09:28 PM
    Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.





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  • gene-O
    10-20 05:57 PM
    Still looking for a knowledgeable response specifically to the questions asked.



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  • GlobalCitizen
    07-27 10:33 AM
    Thank you everyone!
    I have decided to apply.





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  • lj_rr
    09-01 04:21 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.


    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.



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  • langagadu
    03-29 03:53 PM
    nope





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  • logiclife
    06-25 06:36 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.

    The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

    Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

    Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    Thanks.



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  • cris
    08-30 10:59 AM
    now, I'm really confused . Based of the last comments, she or he (I'm not familiar with indian names- sorry ) travelled outside USA while application for extension was pending . and got approved AFTER arrival .

    guys, there is something, somewhere to read or to get a proper information ?





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  • ndbhatt
    12-21 02:14 PM
    The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
    Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

    I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?



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  • gsc999
    01-18 01:35 PM
    Needhelp, new year greetings!

    Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.


    Wonderful news!
    And gsc is back with a bang!





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  • puskeygadha
    07-11 04:38 PM
    I am in the same boat.
    I think good idea will be to ask lawyer and seek opinion..
    my fragomen lawyer said they do not have a clue on the timeline



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  • windycloud
    07-15 05:19 PM
    I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?





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  • jsb
    03-27 09:31 AM
    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

    I agree and share your views on how someone should treat a guest, etc. But I just stated facts.

    Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).



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  • americandesi
    08-11 06:32 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.

    On rare occasions, USCIS revokes previously approved GC’s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.





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  • harsh
    01-02 09:21 PM
    My contribution is on way too.
    Confirmation no:5YP659022V963134M



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  • smahwal
    08-05 12:49 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.





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  • sac-r-ten
    06-02 11:26 AM
    All the guys waiting in Canada, you can ask your passport and all other papers back from the Consulate and return to India and try stamping there.

    I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.

    Just my 2 cents.

    Good luck my friends.





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  • miththoo
    01-10 08:56 PM
    >if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

    Ok, after using AP there are two ways in order to reinstate H1B status.

    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    This is based on what i read in immigration-law.com and again as per murthy office.

    I used AP recently. My H1 is valid till Jun 10 2008. So I am asking my company to file for an extension. My paroled I-94 is valid till Dec24th 2008. My company is saying that they can not file for H1 extension now as my I-94 is valid till Dec 24th 2008. And they can only file for extension 6 month prior to I-94 expiry. But if that's the case then I will not be able to file for H1 extension until Jun24 (i.e. 6 month before I-94 expiry Dec24) and by that time my H1 ll be invalid. I would appreciate if you someone let me know if the H1 extension is possible in my case or not.

    Thanks,
    Miththoo





    gcwanted101
    09-02 10:43 AM
    Did any one(who have not applied 485 yet) got their 140 Approved copy by FOIA request? :confused:





    SunnySurya
    08-08 10:30 AM
    I had Infopass appointment at Newark. Lady gave me a letter stating that my Name check is cleared. She did not provide any other information...



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