Thursday, June 9, 2011

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  • chaukas
    10-21 12:03 PM
    We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
    The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.

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  • stxvr
    07-09 11:25 AM
    "Desi3933- For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location."

    1. From where you found this 50 mile rule. Are you sure about this?
    2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?

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  • gcdesirer
    02-04 10:39 PM
    Thx gapala, wandmaker and lostingcprocess... Appreciate your prompt response.

    No compensation only because it is for a close family friend.

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  • sac-r-ten
    02-10 03:08 PM
    The call is on Thursday (today). Please send in your questions as soon as possible to

    What is the deadline for sending the questions? can it be sent 1hour before the call starts?

    Also, what is the number to be called?

    thank you.


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  • nni123
    10-09 05:26 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.

    I like that a lot and very true

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  • glus
    06-25 09:31 AM
    Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.


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  • logiclife
    06-02 05:35 PM
    IV on Bay Area TV - FOX-2 (KTVU)

    Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
    The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.

    Dont live in Bay area:
    If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : We will post the link here once available.

    If you live in San Francisco/Bay area:
    This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.

    This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (


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  • raysaikat
    07-10 08:50 PM

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.

    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

    I highly recommend that you read the 8 CFR from

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.

    though i can work until the petition is pending.

    I'd really appreciate any advise...



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  • map_boiler
    06-29 12:11 PM

    if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?


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  • seetheavatar
    09-03 01:29 PM
    Thanks, yes our last names were different.
    I told the postman.
    Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.

    Does anyone know how long it would take for the USCIS to resend the card?


    I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.

    Also do talk to your postmaster and update the situation.

    Hope this helps.



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  • quizzer
    01-09 12:27 PM
    not to trivialize the issue at discussion.......... I am sure this is important to you.

    However, what does this have anything to do with Non Immigrant visas?

    reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)

    Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.

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  • GC9180
    06-03 08:05 AM
    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.

    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc


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  • asaseed
    12-12 12:38 PM

    I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.

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  • thadipalam
    10-25 01:12 PM
    Does anybody have an experience of Chicago/Waukegan office?


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  • yabadaba
    10-17 01:25 PM
    u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.

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  • dealsnet
    01-13 10:13 AM
    Six years is the time you spent in USA. Not from the approval date. If you take vacation and go out from USA, you can deduct that period also.

    You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
    No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.

    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.


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  • girishvar
    08-12 07:27 AM
    People who follows Gotcher school of immigration follows CP over AOS. more details @

    I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!

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  • airbusfan
    06-02 12:09 PM
    I had sent you a private message yesterday. .
    Without verification we cannot give access to anyone.

    Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.

    Ryan, Thanks for responding to the PM.

    Thanks Pappu!! I just messaged you my cell number, I think you tried to call me, but am in meetings all day today

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  • logiclife
    01-29 07:06 PM
    Wow...wait a minute here.

    He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.

    First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.

    Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.

    Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.

    07-09 05:25 PM
    Well. If you are planning to use EAD, it is probably not an issue.

    However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
    How do you prove that you have a I-140 pending/approved without attaching the documentation?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.

    05-17 04:59 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help

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