Wednesday, June 8, 2011

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  • waiting4gc
    10-24 04:56 PM
    Try Rajeev Khanna. He has helped me tremendously overcome false labor denial and has helped answer two of my friend's queries. He is a little expensive but well worth it.

    Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
    Thanks,





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  • bah9422
    08-12 04:31 PM
    tom and everyone,

    do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
    I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.





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  • sledge_hammer
    06-29 10:24 AM
    ^^^^





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  • gc_chahiye
    07-16 06:47 PM
    ...
    If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


    do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?



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  • onemorecame
    03-18 11:37 AM
    Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.

    Please update your profile





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  • piyu7444
    03-26 02:58 PM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.


    Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)

    Documents one shall carry
    -Employment Letter from current as well as past employers
    -W2 for last 3 or more years
    -Pay Stub last X month (take as many as you have-wont hurt)
    -Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
    -Marriage Certificate
    -Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
    -140 approval copy
    -H1b petition copy or copies for both primary and secondary applicant
    -Should remember Last entry date (entry into US)
    -They will ask if you took any kind of money in welfare etc rom government or any other agency in US
    -They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
    http://www.uscis.gov/files/form/i-485.pdf

    I will post more questions if I can recall something later.........

    Cheers



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  • fromnaija
    03-08 05:53 PM
    Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.

    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.





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  • chadoubra
    06-21 12:41 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!



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  • texcan
    08-13 11:18 PM
    I got LUD on two 140's for 8/12/07.

    Based on so many LUDs, my hunch is it might be data check for 485 entry.
    or it does't mean anything.

    if checks are cashed in a day or two, then it surely is 485
    or does USCIS deposits checks first.

    LUD on so many cases cant be a coincidence.

    my 2 cents





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  • sidd_k2002
    02-11 01:45 PM
    Kederex,
    Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa



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  • crystal
    08-16 05:14 PM
    ITIN is not meant for work. You cannot substitute ITIN for SSN. As I posted before you can apply for SSN and start working with out waiting for SSN.





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  • nayekal
    02-17 11:29 AM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.


    Can you please share your experience.

    Thanks....

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

    Good Luck.



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  • LostInGCProcess
    02-11 02:40 PM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    Ans: What you read is true.

    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    Ans: It would be from the date they officially received your application.

    c) Can we include the dates for some one is physically not present in US
    Not sure what you are trying to say here???!!!!

    d) What supporting documents are needed to prove that some one was not present in US?
    By showing no supporting documents, I guess And why do you want to do that?

    Thanks
    Senthil
    ...





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  • JunRN
    08-14 03:14 PM
    If it was received but no checks cashed yet, I would re-file.



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  • ramaonline
    06-27 03:04 PM
    There is no grace period for finding a new h1b employer - but generally USCIS overlooks gaps of 1-2 months between employment assuming you are able to transfer your H1B to another employer soon

    You can download the employer database from this link and apply to prospective employers - This will help in your job search

    FLCDataCenter.com (http://www.flcdatacenter.com/CaseH1B.aspx)





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  • jasmin45
    08-02 04:27 PM
    I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
    Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.



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  • kisana
    09-02 11:11 AM
    As amitkhare77 mentoned that you need to inform the your payroll department. probably you needto file the I9 again. Please consult some lawyer.





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  • paragpujara
    10-14 10:19 PM
    Friend of mine got her DL renewed for 1 yr based on EAD as her h1b extension is not approved yet.DMV ppl look at her EAD and renewed her DL for 1 yr without any questions. So i guess you are fine with yr DL extension for 1 yr. As per my understanding and some of the posts , i think you won't loose yr H1b status as you are not using EAD for employment. And answer to yr last question is my frd got her DL renewed in VA only. She got it at DMV on Gallows Road, VA (it's in Fairfax,VA). Hope this helps.


    My DL is going to be expired in Nov and I have H1 stamped till Jan 08. I received EAD till Sep 08. I am planning to go to DMV to renew the DL. I will be carrying EAD and Passport (with H1b stamp). Please note that I have not applied H1B extn so far. I have following questions:
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
    3) I live in VA, can someone pls share his/her experience in this regard ?

    Thanks





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  • dpp
    06-27 11:41 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.





    drirshad
    07-09 09:42 PM
    White flowers to recovering soldiers, don't make sense to me ..





    milind70
    07-26 09:39 AM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?

    Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
    But if your employer instructs the attorney he can share the copies of the same with you.



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