Friday, June 10, 2011

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  • mdcowboy
    02-17 07:38 PM
    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?

    You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.





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  • ayaskant
    02-01 09:34 AM
    Dude,
    My employer filed it on my behalf. I didn't pay anything for it.
    I think ur question is unrelated to what I asked.
    Try answering my questions if you can.
    AK





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  • mars
    07-15 04:25 PM
    Hi,

    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?

    Also what's the general processing time for H1 Extension.I mean how many days does it take..

    Mars





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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.



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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance





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  • VMH_GC
    06-11 06:15 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT



    please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.



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  • snathan
    05-13 11:32 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.

    When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.

    Thanks





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  • bestia
    07-19 12:18 PM
    Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.

    I read in another forum that 90-day count starts from the received date.

    I am not sure though!

    Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.



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  • indyanguy
    07-01 12:30 PM
    Bumping for help..Is my lawyer concern justified? I would like to know how and when does a new EB2 application affect a pending EB3 application. Would USCIS deny the EB3 application as it's not necessary anymore since I have a new EB2 job lined up?





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  • Nitu Singh
    06-12 10:33 PM
    Thanks for the prompt reply and need clarification on few more things....
    like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
    1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
    2) How it will effect the future GC process by new Co.?

    need your suggestion on these too:
    3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
    how things will work out to stay on H1 status?
    4) what I should discuss/need to clarify with new empl before making a move ?

    thanks!



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  • number30
    10-26 08:14 PM
    vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.



    You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.





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  • santb1975
    05-17 02:55 PM
    Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

    IV'ans - Please refrain from any suggestions towards this



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  • ujjvalkoul
    07-19 11:36 AM
    LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.





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  • Munna Bhai
    08-28 09:05 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.

    yes, that is true



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  • thomachan72
    04-19 07:48 AM
    Please change the color or font. Its giving the feeling of getting a slap

    Please concenterate on his message. It seems very important to the person who asked the question.





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  • pamposh
    09-15 11:54 AM
    Folks there are two threads on the forum that are targeting the similar objective.
    Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
    http://immigrationvoice.org/forum/showthread.php?t=21340
    and
    http://immigrationvoice.org/forum/showthread.php?t=21453

    This meeting is online and is for an hour.

    There is one more thread driving a similar initiative.
    http://immigrationvoice.org/forum/showthread.php?t=21493

    Why not get all of these threads and people together working on one target.



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  • gcformeornot
    02-03 02:14 PM
    AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport

    Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"


    AILA CBP Liaison Committee Practice Alert
    H-1B Admissions � Newark, New Jersey Airport
    (2/2/2010)

    The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.


    After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.


    In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.


    During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).


    Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.


    In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.


    Note the new fraud related language added to I-797 approval notices �



    NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.


    Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).





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  • chantu
    06-30 10:19 AM
    Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.

    I am sorry about that.





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  • sands_14
    04-09 09:57 PM
    Can you get conventional loan with 10% down in New Jersey?
    ANd that too for H1B/EAD. My broker says that you cant get conventional loan with work permit status.
    Is that true?
    The FHA option he is giving ,looks expensve to me.
    Paying 9000usd upfront and then PMI for 5 years will be expensive.
    Any suggestions appreciated.ANY good lenders ?





    sukhyani
    01-27 11:43 PM
    Are you from Rest of the world or India/china?

    Rest of the World.





    ghost
    07-24 04:20 PM
    What can we ask for-
    1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
    2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
    3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?


    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?



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