Sunday, June 12, 2011

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  • meridiani.planum
    07-22 12:32 AM
    inline....

    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.

    you are one lucky dude. when you get to the US go to las vegas and try you luck there :)

    Now my concern is ,
    1)would there be any problem during the Visa stamping?

    no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.

    2)What should i do to other visa ,which i will be not using?

    ignore it, it does not matter

    3)How should i approach the employer whose employment i will be not accepting?

    wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer

    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?

    signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:

    - is one a regular company with a job already for you and the other a consultant who still has to place you

    - where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.

    - what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.

    - salary, benefits of each of them.

    all in all, even if you pick teh 'wrong' employer, you can always come here and then change...




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  • Saralayar
    05-14 06:28 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
    Please provide all your GC personal details in IV so that you will get better answers.




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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.




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  • rbalaji5
    02-09 04:07 PM
    Thanks Life2live,
    Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.

    I live in California now.



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  • mattresscoil
    10-18 08:48 AM
    My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
    Interview letter says bring following documents:

    All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.

    I have few questions on this:

    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
    separate or can we go at the same time?
    2. Do I need to carry employer tax returns also?
    3. Do I need to carry affidavit of support for my wife?
    4. Are there any documents that I need to carry apart from mentioned in the above list?

    Also if you have attended interview in San Jose field office, please share your experience.

    Thanks.
    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.

    2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.

    3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.

    4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.

    Good luck and let the group know what happens.
    Thanks, Mattresscoil!!




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  • Templarian
    01-01 07:06 PM
    ^That's a good idea glosrfc, AS3 only should be added to the guidelines.

    jk/ing... actually not, but it would sound mean if I wasn't



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  • QuickGreenCard
    04-20 05:57 PM
    Hey gc28262,

    I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


    I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).

    Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.

    Thanks

    Srini




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  • h1techSlave
    04-28 09:53 AM
    60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.

    Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)



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  • swede
    08-23 11:41 AM
    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.

    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.




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  • Eveready
    07-11 05:25 PM
    Thanks syed your post has been a great help.:)



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  • newlife2
    09-19 10:12 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.




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  • ghost
    08-11 09:33 AM
    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.


    People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.

    This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!

    You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!

    You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!

    Good luck to all of us!



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  • iheartindia79
    05-14 03:40 AM
    I am e-filing for EAD renewal.

    Are the following options correct for :

    1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"

    Same for
    2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"

    and for Eligibility Status: "(c)(9) Filed I-485"

    Please someone who filed EAD renewal.




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  • TigerAmit
    09-23 03:07 PM
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.



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  • Phaedra
    05-30 11:54 AM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P




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  • smuggymba
    09-14 02:09 PM
    I feel paid and verified membership is much better. That way we can raise the money and we won't have trash talkers between us and we will know everyone by name......a team rather than an online platform. Just a thought.



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  • prinive
    03-15 04:46 PM
    Common no one to pledge.... :o




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  • signin241
    07-24 08:39 PM
    Problem is that Affidavits and the Birth certificate has their names in 1 way and that is different when compared to the passport. That's the problem.




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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.




    jnraajan
    03-27 01:14 PM
    Hey Dont Thank me. Thank IV, which is you and me and everyone else.

    Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.




    Abhinaym
    05-14 09:28 AM
    My H1 sponsor informed me that the check he submitted along with my application on Wednesday 5/7 - Non-masters non-premium processing:)

    Even my friend's application check seems to have been deposited by USCIS, does that mean that the case is selected in the lottery? (Or is there any other scenario?).

    Thanks in advance to anyone who can throw some light on this.

    Update:

    I just verified that there is a receipt number on the back of the check, so that's the EAC/WAC number!



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