Friday, June 24, 2011

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  • priya82
    02-17 09:06 PM
    Thanks a lot snathan.

    emploer A is still holding my H1b, they did not revoke it.

    employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
    H1b transfer.

    The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

    please help me.

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  • senk1s
    02-24 03:03 PM,,id=165705,00.html

    This is what i found on the irs website - still havent decided whether to e-file or paper file

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  • gimme Green!!
    07-04 10:15 PM
    There was also a gap of my H-1 Activation and F-1.

    Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.

    What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
    What were you doing then? Did you have a PT (practical training) atleast?

    The above is based on what i think I know. The best person to advice is an immigration lawyer.

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  • shanti
    02-23 12:07 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!


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  • shx
    04-28 05:25 PM
    This statement is utter nonsense.

    Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.


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  • guygeek007
    08-06 11:08 AM
    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.


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  • kaisersose
    12-17 10:16 AM
    This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.

    USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.

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  • reshma
    01-09 08:50 PM
    I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

    My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

    If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

    Any advice/help is greatly appreciated.


    My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.

    Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.

    If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.

    Thank you in advance


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  • Imigrait
    08-31 02:13 PM
    jsb thanks.

    Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)

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    10-29 06:21 AM
    Is this an inside joke? I'm missing the part where anybody said anything about using tables on buttons.

    Someone had a sigature that said something like, "you don't use tables to make houses so why make websites out of them" and it kicked off from there. but they have changed it now.


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  • camarasa
    07-23 11:26 PM
    Take alternative opnion from good Attorney and take a chance.

    "Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.

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  • apahilaj
    04-21 07:19 PM

    I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):

    1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?

    2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?

    3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?

    4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?

    5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?

    Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.

    Any help/pointers any one can give will be greatly appreciated. Thanks.


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  • tammman
    10-09 03:08 AM
    So does CA....

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  • watzgc
    03-05 06:31 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated

    1. you have renew ur passport
    2.file for extension quickly

    one of my friend was in same situation and he did the same thing.


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  • agc2005
    09-06 09:52 AM
    Last year me and my wife had same issue with EAD and AP , we had to send them back with new application, new photos, passport photo copies and cover letter explaining that it's USCIS Admin error, we didn't send the checks.

    Later we received corrected EADs after 5 weeks, but for AP it took about 2 months.

    PD: EB2 3/2005
    RD: 07/02

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  • buvane
    09-10 07:32 PM
    extended review = "we got your money , now dont bother us"
    also means nothing is happening to your case!

    Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??


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  • yabadaba
    08-14 01:07 PM
    you asked if you were missing something... i said yes you are. u asked for an be it..and i put in a disclaimer...that what you were missing was anybody's guess

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  • sounakc
    07-10 05:49 PM
    thanks for your prompt reply...


    You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)

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  • sanjay
    07-31 04:59 PM
    Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.

    I think Canada is more safer than going India.

    08-03 11:15 PM
    go to:

    and then select the one from August 3.

    I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.

    Yes, You are right. I missed the '/' until now and was wondering why the 485 is showing 7/11 while 131/765 were showing 7/1. But I am surprised this report came so late in the night on a friday, which means some one is working hard on getting us this update.

    10-08 04:58 PM
    I recieved my I-485 reciept directly in the mail from USCIS. My attorney got his copy to thier address. I think you need to ask your employer. Since I-485 belongs to the employee, there is no reason for them to hold the original with them.
    Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?

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