Thứ Ba, 7 tháng 6, 2011

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  • mdcowboy
    02-25 06:28 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.

    This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!




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  • pappu
    03-29 02:37 PM
    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.




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  • indyanguy
    01-16 11:12 AM
    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)




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  • MYGCBY2010
    07-27 04:37 PM
    For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.



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  • Templarian
    08-27 09:25 AM
    Calvin, feel free to make calvin better or make hobbes as he requires more detail.
    http://img177.imageshack.us/img177/8050/calvinxq2.gif




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  • OLDMONK
    06-25 01:19 PM
    I did my pictures @ photopeople (studio) upwards of 80 bucks for me wife and son. Well I was still not satisfied.

    So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.

    did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.

    And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.

    Recommended only if you are not getting a good picture even after spending ton of money.

    Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)

    Also please go by instructions / specifications on the pictures as per following.

    http://travel.state.gov/passport/guide/guide_2081.html

    This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.



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  • coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)




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  • fromnaija
    01-13 10:58 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:

    Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!



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  • tinkugadu
    07-04 10:06 PM
    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.




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  • keepwalking
    05-22 09:58 PM
    Can you please prefix "Tracker:" to the thread's title.

    Thank You.

    Greetings,

    In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.

    Thanks in advance.

    In August 2006.
    1. Employer A
    2. I was Single.
    3. Files I-140 and I-485 concurrently.
    4. Schedule A expired.
    5. Application moved to Eb3.

    In June 2007
    1.Employer B (Moved in June 2007 via H1b transfer).

    Married in 2008.

    April 2010.
    1. Employer B.
    2. New I-140 filed in EB2, approved.
    3. Ported EB3 PD of Aug 2006.

    May 2011.
    1. PD will be current in June 2011.
    2. I need apply I-485 for my spouse.

    Do I need to re-apply for I-485 and G-235a for the principal applicant.



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  • ssa
    11-14 01:51 AM
    There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
    Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.




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  • kaisersose
    08-24 01:50 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.



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  • smuggymba
    10-18 03:13 PM
    My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

    any exp with texas DMV about giving DL to EAD OPT holders?




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  • krishna_2001
    01-13 07:19 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation



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  • umangini
    04-15 09:01 AM
    Thank you for very good advice.




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  • milind70
    07-25 12:43 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.

    Get Affidavits in which u will specify the document(i.e Birth certificate ) has the parents names misspelt and the correct spelling (i.e as in passport) and plus other details you full name ,DOB and place of birth etc etc.Affidavits are required in case the information on the Birth Certificate is incomplete i.e no name or when there is incorrect information i.e place of birth missplet ,parents name not in expanded format etc etc.



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  • srgadi
    07-21 01:23 AM
    Wont' redirection of US Mail work to forward these?

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.




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  • mayitbesoon
    02-04 12:44 PM
    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.




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  • jonty_11
    02-08 04:55 PM
    steve,

    I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.

    He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
    I wish more of this wud happen to run these cheats out of business.




    GCBy3000
    02-06 05:09 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?




    LongJourny
    01-26 02:46 PM
    My attourney says that when they approved my visa for the first time on H1b, they forgave me and that I should be fine. He recommended me to make sure that I report correctly. As per the rule goes I was suppose to be working either one of the company. There is no exception like 5 days or 7 days. It seems they are not so hard for small gaps as long as you filed for H1B transfer. Hope this helps.



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