Thursday, June 16, 2011

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  • maverick_s39
    01-13 06:05 PM
    hi sathweb

    Here is a link i found on immigration.com

    http://www.immigration.com/newsletter1/submemoins.html

    The last section "C. Disposition of Substitution Requests" says

    "
    If the service center determines that the substituted alien meets
    the minimum requirements set forth in the initial labor
    certification application as of the date that it was filed with the
    state employment office and the I-140 petition is otherwise
    approvable, the I-140 petition shall be approved and processed like
    any other I-140 petition. The priority date shall be the date
    which the original labor certification application was filed with
    any office within the employment service system of the DOL. See 8
    CFR 204.5(d).
    "

    This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.





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  • delhirocks
    07-18 04:15 PM
    That sucks. I have never heard anything like this...good luck





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  • nkavjs
    09-25 11:47 AM
    Hello.

    I was reading one of the old postings mentioning someone's wife wanting to move from H1 to EAD and a new baby. I am in the same situation and donot know anything pertaining to legal requirement of working specific requirements working with sponsoring employer for specific numbers of hours to keep the EAD status on.

    - Currently I (primary) am on H1B working 30 hrs per week as a full-timer. I want to step down to EAD status and just work may be 10 hrs per week or weeks as floater.
    - What are the legal hassles am I looking for GC processing if I only work few miniumu hrs on EAD for the sponsor.
    - Possibly can I work 2 part-time jobs at same position with diff. employer on EAD? Will USCIS have trouble with me at the time of EAD renewal.

    EB3- India July 003
    I-140 approved
    485 pending
    AP and EAD approved. till 2010


    Please advise me
    Thanks a lot
    nkavjs





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  • Hassan11
    04-09 12:47 PM
    49 views of this thread and no replies. Please anybody out there, any suggestions or answers? Thank you



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  • sina
    08-15 09:56 AM
    If you belong to India then it depends on the state of residense. You can go to other consulates if you are a returning H1B, meaning this is not your first H1 stamping. For first time stamps they require one to go the consulate of the region they belong to.





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  • gc_chahiye
    07-09 06:02 PM
    gc_chahiye - Is it possible to somehow keep the results of the first poll in the main page? It is the only data we have which comes anywhere near the real data, and it would provide good reference.

    done. The first post in each poll has a link to the other poll now.



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  • EkAurAaya
    10-11 01:03 PM
    My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.

    I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.

    One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...

    Go with what your lawyer suggests

    Good luck





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  • rameshk75
    02-14 03:48 PM
    Payroll should be run regularly for a person on H1B. USCIS may ask all the paystubs if they call for an interview(not everyone will be selected for the same) during 485 approval..If the person changes to EAD then in case if he is out of job then it should be fine... my thoughts...



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  • veni001
    01-30 07:15 PM
    I am actually doing this right now. See my signature.

    As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)





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  • go_guy123
    04-17 05:00 PM
    In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...

    More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)

    Another good and realistic post by Greg Siskind. IN some ways it better to try CIR this year.
    Obviously it will fail...but at least we will do away with these "comprehensive" things and
    focus on piecemeal.



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  • kmk2002
    07-02 03:36 PM
    There are many EB3 cases going back to 02 which are approvable with I-140 already approved. I am no expert of immi. rules but if point 2 is true, it is a case for further research.


    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)





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  • rameshk75
    05-23 02:35 PM
    I have filed 485/EAD/AP in Aug'07 and changed the address online using AR11 followed by the petitions for 485/EAD/AP for my self and the dependant.

    Got confirmation in mail for all the pending petitions after 2 weeks. I have NOT called the USCIS office for the address change.

    Hope this helps !!

    Kunal,
    please contribute for the funding drive if you have not yet...help IV to achieve the success for all US !!



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  • anda007
    07-12 11:21 AM
    Those who want to send flowers to Condi and those who do not.
    There is quite a number of people, who do not feel that this is "over-doing"

    Lets stop discussing and fix the date (7/17 is good enough) and send it

    If you think that this a bad idea, we respect your views and you may not send

    How do convert this thread into the poll





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  • sargon
    05-18 11:51 AM
    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.



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  • tonyHK12
    12-09 11:32 AM
    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.



    Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens





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  • Dhundhun
    06-25 02:16 AM
    Thanks for replying.

    For question number 3 can you give more details. What is AVR.
    Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

    so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?



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  • naveenpratapsingh
    08-17 05:57 PM
    Hi Prem,

    Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.

    Once again thank you very much for your reply. I will keep posted about my status.

    -Matt

    Did you get the approval or receipt?





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  • northedman
    02-21 01:23 AM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.





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  • Lollerskater
    09-25 01:57 PM
    Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.

    In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.

    All of them told me the same story. Too many miracles, case got investigated, blacklisted.

    Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.





    quizzer
    11-10 02:22 AM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.

    Can you tell me ur dates:
    I140 RD
    RFE received date?
    final approval date?
    Service center?

    Thanks





    bombay
    02-05 08:10 PM
    I came across comments that H1 to EAD is one way. So its better to be in H1 rather than being in EAD. The expenses may not be great even you have to shell out some dollars. If you wish to change jobs and get around 30% increase use EAD.
    I attended an interview that i have EAD then when it came to negotiations on salary i accepted the little lower offer and asked them to do H1B transfer. It works....



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