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Friday, 24 June 2011

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  • whiteStallion
    04-10 12:25 AM
    All the best pal....welcome to the club !:rolleyes:

    We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.





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  • vik123
    01-18 09:02 PM
    check murthy.com forum for the rate of approvals of I-140.





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  • eb2_mumbai
    10-15 07:55 PM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality





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  • omved
    08-14 07:10 PM
    Hi Friends,

    While filing I 131, I came across this information

    "{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    A. You are in one of the following nonimmigrant categories:

    1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
    2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
    3. A K-3, spouse, or K-4, child of a U.S. citizen; or
    4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"

    My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..

    Should I get H1B stamped in Mexico / Canada / India

    OR

    Should I apply for AP.

    I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.

    I don't know what to do. Any help pls..

    Thanks

    Omved

    1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
    H1b 7th year in extension
    EB 2 - PD April 06



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  • desi3933
    06-22 07:40 AM
    Hi,

    Can you pls help:

    My wife is currently on H4.
    She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

    Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

    Questions are:

    1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

    2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

    I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

    Please advise and help - thanks in advance.

    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Good Luck.

    Not a legal advice.
    -----------------------------------
    Permanent Resident since May 2002





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  • kondur_007
    02-23 07:11 PM
    Well, in the middle of negative comments, I have something positive to add here.

    I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

    In any case, I have following comments/solutions for you:

    1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

    2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

    If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

    If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

    Above applies to all the dependents as well.

    3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

    Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

    So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

    Good Luck.



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  • diptam
    06-23 01:01 AM
    Suppose we use OverNight Express USPS mail ... I was wondering
    when i can send the package ?

    If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??





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  • Libra
    09-15 10:19 PM
    Jamie, u da man.......many dont even care, they want everything to be done by itself. If that is the case they never have come to this country. why dont they understand?



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  • JunRN
    07-18 08:11 AM
    So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.





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  • GCNirvana007
    08-25 08:16 PM
    Hi all!

    I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.

    I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.

    Regards and Peace!

    Good luck, mine is the same PD



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  • dreamworld
    11-07 12:27 PM
    Visitor Visa does not tied to sponsor. One can visit USA with a valid visitor visa.
    But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.





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  • kondur_007
    08-04 10:07 AM
    Hey, great example and at a good time.

    This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.

    Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.

    Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.



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  • jingi1234
    08-20 09:51 AM
    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf

    Wow...thanks for the url...this is what I need.

    Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?





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  • brad_sk2
    04-15 11:51 AM
    Congratulations!



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  • illusions
    08-31 11:57 AM
    well I wouldn't classify any company as good or bad, i've only gone to one company and have been with them since 05 and have no issues so far. They have provided me with everything that i needed and have so far been very professional.

    I'm not sure if I'm allowed to write company specific information on the forum, so I'll refrain from that. But if you like any specifics you can drop me a PM. Heres what my company offers:

    * NO Contracts / Bond what-so-ever.
    * I get to choose my own rates (if i get my own contract that is, and i have so far)
    * There is a 60:40 ratio. 60 i keep and 40 they keep. - Before taxes of course.(You might think this is high, but it's worthwhile cos i get no headaches)
    * I get PPO Blue Cross Blue Shield Medical coverage for me and my wife.
    * Upto $1000 in dental coverage in a year, reimbursed.
    * Direct contact with the lawyer and i can pay him directly any immigration related fees, or opt to take a fraction off my paycheck. (Hence i know the actual cost and i know they are not charging any overhead costs)
    * Direct deposit guaranteed at the end of the month even though they haven't received the payment as yet.
    * I can leave them when ever i want, no questions asked nothing.
    * If you are with them and you get your spouse in, they will offer up to 80:20 ratio and same benefits.

    CONS:
    ====
    * No training, in any related fields.
    * You have to find your own contract (although they have affiliations with head hunters who would help in getting u a contract)
    * Haven't ever spoken about on-bench pay... but i figure they will pay min for a month if need be.


    At first i thought the ratio was too high and was looking to switch, and at the same time my wife was getting her H1B. A company NJ offered her a ratio of 70:30 and min benefits, plus a 1 year contract of which if breached would cost us 20K.

    After she got her H1B and $2,500 in legal fees, they changed their minds, and was willing to pay only a fixed pay of 55K. I waited till she finished her training, and said screw you, gave em the finger.

    She's now working with my company, and making 97K with a 80:20 ratio. Almost 20K more than me! lol.:eek:

    In a nutshell i would watch out for the following no matter which company you choose.

    * Make sure you cover all grounds with them 1st.
    * Get everything in writing before anything. (In my case the first time it worked out fine, cos 60:40 was a high ratio but they offered all the benefits and no hassle.)
    * Make sure you have access to the lawyer directly.
    * Always go for a ratio basis, the more you are billed the more you earn, and it motivates you.

    Good Luck.





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  • giddi_raja@yahoo.com
    11-02 02:43 PM
    It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

    If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

    I am on the same case, waiting for USCIS reponse. Thanks.



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  • sanan
    06-01 07:10 PM
    I feel your pain buddy!! :(
    My attorney is taking his sweet ass time.. so mine will be around 10th..





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  • legaleagle
    06-08 02:50 PM
    Thanks Dhundhun,
    I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.





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  • bigboy007
    11-05 10:50 PM
    OK i e-filed and it showed Nebraska address generating LIN no's instead of MSC etc , it prompted me where my 485 is and i think since it is at NSC it routed automatically to NSC





    CreatedToday
    03-28 09:12 PM
    Were you on bench or worked during the period when the employer didn't pay?

    My employer is not paying salary. Where I should complain about him so I can get salary.

    Thx





    up_guy
    09-01 08:53 PM
    Please reply someone..
    take care
    manish



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