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Sunday, June 26, 2011

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  • nogc12
    08-03 06:08 PM
    I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.





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  • sbabunle
    08-19 01:13 AM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu



    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





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  • hpandey
    06-18 02:27 PM
    It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

    I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .





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  • Kushal
    04-24 02:18 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)

    Congrats..



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  • kumar v
    08-09 04:54 PM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards





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  • green1
    08-19 12:24 AM
    I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice



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  • deecha
    08-03 09:59 AM
    As per my understanding you can get a 3 year extension if :

    a) Your I-140 has been approved
    b) Your PD is not current

    If your PD is current and you have filed for your AOS (i-485), then you can get only 1 year extensions of the H1B till you get your green card.

    Someone, please correct me if I am wrong or if there's not enough clarity in my answers.





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  • Gigantic697
    10-20 02:43 PM
    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks



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  • natrajs
    04-15 11:19 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    Congrats and Best Wishes





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  • pcs
    07-02 03:16 PM
    I will sign up but HOW TO ????



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  • fatjoe
    09-05 12:48 PM
    I called USCIS, (BTW Divakar: the phone menu options you specified was very useful), the Customer Rep. gave the Rec # for my EAD and AP, and she told me that it would take upto 90 days to get the Receipt Notice. I asked them about I-485, the customer rep. said that the data entry for my I-485 may not have completed, as my I485 info was not on the computer, so she asked me call after 90 days.





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  • zoooom
    08-14 02:02 PM
    Me too...I have a co worker who got her checks cashed though for the same lot.



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  • simon03
    08-16 01:26 PM
    I am not an expert but this is my understanding:

    there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
    1. you have a current job that is similar in duties
    2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
    3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer

    You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c





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  • bsbawa10
    08-01 04:27 PM
    Another gimmick by USCIS. Another way of showing that it is working. Another way to bluff. Another way of wasting our money without actually doing what is needed.



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  • Raj12
    04-30 11:45 AM
    As far as I know, H4's are allowed to do 'voluntary non-paying work' in the US and are not allowed to compete for jobs in the US. In my opinion, if you are working for an indian company and getting paid in Indian currency without hurting the US job market, it should be OK. An excellent point was made earlier about home maintenance activities and baby care activities that are also part of broader terminology of 'work' and 'job'.





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  • h1bmajdoor
    04-22 08:43 AM
    hello dears.

    a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".

    i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.

    i asked an immigration lawyer about this.

    this practice is illegal and basically to intimidate you.

    the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.

    since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.

    http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf

    "Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."

    http://www.desicrunch.com/Articles/SlumberingGiant.html



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  • bsbawa10
    08-03 06:41 AM
    The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.





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  • needhelp!
    09-22 04:07 PM
    I agree.. lets project all the positive (sound) vibes into the lawmaker offices.

    What are you waiting for?

    PICK UP THE PHONE AND CALL NOW!





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  • eb3_2004
    10-30 01:25 PM
    How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?





    lazycis
    12-05 04:27 PM
    AILF is a non-profit organization. You are probably right regarding AILA :)





    desijackass
    11-12 04:38 PM
    Also says no change expected in the coming months.
    See bottom of the bulletin.
    :(

    :mad:
    F. VISA AVAILABILITY IN THE COMING MONTHS

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two week



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