Thursday, June 9, 2011

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  • ram04
    02-03 06:14 PM
    Infopass confirmed approved and I got it by mail after 30 days.
    After on line status change it is 14 days.

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  • scorpioduo
    04-16 04:39 PM
    What is an "MTR"?

    MTR=Motion To Reopen the case

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  • Sakthisagar
    05-12 10:29 AM
    sent the letter to Sen Leahy, what Mayorkas wnat to explain in pages a summary of how EB community is suffering. Thanks :)

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  • admin
    02-03 08:21 AM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:


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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.


    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?

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  • chantu
    07-16 03:12 PM
    Admin :
    This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?

    Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for is nowhere in sight.


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  • willigetagc
    08-17 02:32 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

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  • qualified_trash
    11-15 09:08 AM
    I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that

    I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??

    how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.


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  • bluekayal
    03-03 02:22 PM
    It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.

    Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
    In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
    And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
    So I have no go...

    But thankfully, at least I have a 2006 I-140.

    In the meanwhile I've lost my job as well.

    If anyone knows an editing job please get in touch!

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  • sankap
    07-13 11:28 AM
    I'm not sure if Indian citizens are eligible to apply for an investment visa here...


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  • pappusheth
    05-01 11:40 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?


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  • frostrated
    09-14 04:23 PM
    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

    Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
    In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
    If you have no option for getting a visa, then I would not travel without the travel doc.


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  • rajenk
    08-09 01:02 AM
    That's why I did a premium processing in June. I applied on June 15th in Premium and got it approved by 25th June, I got 3 years. That is correct, they approve H1B for 3 years based on the current Visa bulletin if you are extending Visa beyond 6 years.

    But you can apply for 3 years when you are left with 6 months of currently approved Visa. Hope this clarifies your doubt.


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  • Dandruff
    09-27 10:34 AM
    FWIW: Got EAD Card Production ordered for both of us. 9/26

    ND : 8/15
    RD : 7/18


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  • kondur_007
    09-21 10:45 AM

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.


    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.

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  • SK2007
    11-29 05:15 PM
    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

    I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.


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  • jonty_11
    07-11 04:38 PM
    Normally a Month, ask ur lawyer to call and find out.

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  • sammyb
    10-15 04:29 PM
    Hi Guys,

    I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

    I am kind of concerned about it as I did not see any movement in my case.

    Any inputs Or wondering if anybody else facing similar situation??????

    Appreciate your inputs.



    did USCIS cashed your checks... just wondering ...

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  • ragz4u
    05-23 10:46 AM
    This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention

    Thanks a bunch Salil.

    Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)

    05-26 04:41 PM
    The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

    DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

    Best wishes to those who are waiting...

    12-11 11:42 PM
    Answers in Red Ink Below....

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company ( once my old employer has appealed the H1B denail notice?

    Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

    Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....

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