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Saturday, June 11, 2011

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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?





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  • gc28262
    01-15 09:33 AM
    I paper filed AP at TSC on Dec 14 ( Renewal)
    Check cashed on Dec 16
    Ap received on Jan 9

    Total : 3 weeks

    Paper filing works better for AP at TSC.
    ( I had a bad experience when I E-filed at TSC last time.)





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  • mpadapa
    03-14 10:18 AM
    Please don't dilute the admin fix effort by starting another letter campaign.

    IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.





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  • lord_labaku
    10-08 01:33 AM
    Worry about it after the fact.

    Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.

    To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.

    Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)

    that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.



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  • 485Mbe4001
    10-02 07:53 PM
    short answer...You are the chosen one you can do what ever you want, while USCIS will do what they think is right...IMHO plenty of legal trouble for you, your company and your lawyer. While you are at it why not ask companies C,D&E to sponsor parallel applications for you, the more the merrier....i think you are a troll...Hardworking, law abiding immigrats get a bad rap because of people like you.


    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated





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  • sk.aggarwal
    05-23 11:09 AM
    Yes, but if I were you, I would definately check with my attorney.



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  • trueguy
    10-20 01:37 PM
    They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing





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  • rajenk
    01-17 01:40 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck
    Raj:)



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  • tnite
    10-05 09:28 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..

    I dont think you will get a rejection. RFE is the most likely answer
    Am I 100% sure, No





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  • pmlboy
    05-01 04:57 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.



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  • eers
    07-17 11:03 PM
    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be





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  • BharatPremi
    10-19 10:43 PM
    Based on my final travel plan in November (Yet not finalized), I will vote or not vote by November 9th.



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  • logiclife
    11-28 10:26 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?
    Dates would move forward depending on the increase in numbers.

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
    Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.


    What will happen to the �Rest of the World� category? When do you think they can expect results?
    Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
    YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP





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  • s416504
    08-29 03:56 PM
    Bump^^^1

    No Receipting Update as on 29th Aug 89 76.72%
    Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
    Receipted after 29th Aug From NSC (LIN) 1 0.86%
    Receipted on/before 29th Aug From TX (SRC) 6 5.17%
    Receipted after 29th Aug From Texas (SRC) 1 0.86%
    Receipted on/before 29th Aug From VT/CA 2 1.72%
    Receipted on/before 29th Aug From VT/CA 0 0%

    Voters: 116. You have already voted on this poll



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  • reddymjm
    05-15 11:06 AM
    Here is my $100

    Paypal Receipt ID: 8D5173328S121125D

    Come on everyone... donate a small percentage of your stimulus package.

    Good Job elaiyam.





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  • unseenguy
    06-19 07:04 PM
    Let me enlighten you folks here who are talking about double standards.
    First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
    Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?

    Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.

    The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.

    Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.



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  • jeda
    10-22 07:59 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.





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  • Munna Bhai
    01-08 03:50 PM
    Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.





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  • desi3933
    07-08 11:08 AM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes

    While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.

    This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.

    .





    ksrk
    02-13 04:36 AM
    Dilip,
    In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.

    The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).

    Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!





    wata
    09-30 03:30 PM
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!



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