الخميس، 23 يونيو 2011

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  • snarla
    06-21 01:40 PM
    My friends recently went to the consulte in Nogales to get their H1B stamped and they told me that we can enter Nogales with out any visa ... You might want to explore that or find any other places that are closer to where u live and do not need a visa to get a new I94 ...

    I am in the same boat as u and i donot even have my new passport with me yet ...

    GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...




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  • sinziana
    01-19 04:25 PM
    I am special education taecher and I AM LOOKING FOR A SPONSOR
    thank yoy for help




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  • surabhi
    05-21 09:29 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

    1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

    2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
    3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
    4.there is no premium processing yet for I-140
    5.It has no bearing. Its upto you.
    6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
    7. See above

    this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.




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  • saimrathi
    07-11 03:18 PM
    What about Maria? She can speak for us..
    "With a career in journalism spanning more than two decades, Shriver has served as reporter, correspondent and anchor for world news organizations such as CBS and NBC, and is currently on leave from NBC News."

    http://gov.ca.gov/about/maria

    She is not an immigrant like Arnie though..



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  • jsb
    04-16 03:59 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.

    Best..




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  • dj9533
    11-10 11:54 AM
    AP
    I485 Receipt Notice
    EAD(just in case)
    thats all you need



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  • belmontboy
    08-14 08:41 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
    he could either be lying or the lawyer screwed up
    - Can this actually happen (that RFE doesn't get delivered at all) ?? -
    Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    you can track ur case online.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    Answers inline.

    P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.




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  • calabor2001
    06-20 05:44 PM
    Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.

    But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.

    If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!



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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).




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  • mambarg
    07-26 02:52 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.



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  • pune_guy
    10-05 02:39 PM
    In my opinion you should be OK.

    I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.

    Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.

    If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.




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  • imh1b
    05-19 09:40 AM
    Canadian Immigration is easy. You can do it yourself.



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  • disco
    02-11 01:11 AM
    Nikhil2,
    I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.

    My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.

    I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.

    Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.

    Thanks


    I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

    I spent a whole night and cannot find any info about this.

    Do you happen to know this? Any comments or links would be appreciated.




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  • Sakthisagar
    11-09 01:21 PM
    Good Media trick indeed,...infosys is giving money for this too???

    If you see the cribbing happening just a visit from The US President to India.



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  • GCNirvana007
    06-07 04:35 PM
    Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.




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  • Aah_GC
    08-17 06:34 PM
    Titles do matter as they are the first ones to catch the eye. To me it appears you are moving from a PM position to a tech specialist position (at least on paper) and you might have some problems there. If possible, try to request for a title with "manager" in it. If that is impossible, try to go by matching SOC code. Does your prospective employer have a legal immigration team to help out?



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  • overhere
    07-18 09:03 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.

    i see. anyway, good luck to you.




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  • travis
    01-27 12:05 PM
    Random Circle with Blendmode may not be the coolest but it is the prettiest.




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  • FinalGC
    07-19 08:13 AM
    I would also suggest to take an infopass and request for MTR - Motion to Reopen the case...to evaluate the decision. Go ahead and apply for 485 and do MTR, simultaneously.




    jaireddy
    05-18 10:10 AM
    1. You should be 100% confident that it is not your attorney who screwed up
    2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.




    njdude26
    04-07 11:10 AM
    Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?



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