Tuesday, June 28, 2011

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  • onemorecame
    07-18 11:48 AM
    I am in a complicated situation...

    Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

    So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?

    I have one question that whether you can file 2 I-485 or not?





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  • ranand00
    02-08 10:58 PM
    Hi I am on H4,

    Yesterday my h1b was approved ( cap h1b)
    I got an offer from another company , ready to file my h1b ( non -cap) asap.

    My question-If i apply for h1b transfer to non-cap without working for cap company in 7-10 days and later If I want to join a cap company,will I have to go through the lottery again -basically will i be subject to cap.

    2.what is the proper process for transfer to occur.

    3. I do not want to inform cap company.I have the receipt number.Is it sufficient to apply for transfer.

    Thanks
    hope





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  • kevinkris
    10-07 12:48 AM
    Hi,

    Myself and my wife applied for 485, 765 and 131 on Aug 13th and we got receipt notices on Oct 5th.

    But we got only 485 & 131 for my wife and i got 765 and 131.
    485 Receipt is missing for me and 765 is missing for my wife.

    We haven't got any mail today also i.e. Oct 6th. Any thing similar happened to anyone?

    When we will get other receipts. If at all they are missing can we contact USCIS to send them again?

    Thanks for your feedback.

    Kris





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  • saturnring11
    12-20 06:13 PM
    Does anybody know which ASC in the bay area allows walk-ins? I missed my appointment and need to get this thing taken care of before I travel (I'm going to be out of the country Jan-Feb).

    I tried walking into the San Jose center but they asked me to reschedule my appointment. I'd appreciate any advice.

    Thanks.



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  • Prashanthi
    09-04 01:49 PM
    Yes he can travel during the transfer, in order to file the transfer he will have to show latest paystubs from his previous H-1 employer or he has to show that he reported to work and was hired before he can file for a transfer. To file a transfer the USCIS charges $500 +$320+ $750 ($1500 if the petitioner has more than 25 employees).





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  • kewlchap
    04-07 04:47 PM
    Sorry folks, dumb question, but what does LUD stand for? A few words of explanation would be appreciated.



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  • Janisaris
    10-22 09:58 AM
    I am in the same boat. Filed July 19th . As of Last Friday not in the system.
    No checks cleared. All the guys who filed with me got their receipt last week from Texas. I am the only one remaining. My I140 was approved from NSC.





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  • josecuervo
    06-22 03:53 PM
    thanks all for answering



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  • Sreenuuk
    06-25 01:51 PM
    Guys,

    How to create the new thread?

    Thanks





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  • kothari_rupesh
    07-07 04:12 PM
    Thanks, since I applied June 12th, and expecting it before August 3rd, looks like it is going to be a problem...!!



    I applied on April 7th and got on June 8th.
    Send documents to Nebraska Center.

    Hope it helps.



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  • akhilmahajan
    09-19 10:39 AM
    I will take this oppurtunity to thank everyone who showed the courage by joining us at Washington DC.

    It was a great pleasure meeting all the people from the New England area. I finally got a chance to put a face to all the names with whom i have talked on conference calls. This was just an amazing experience and i am hoping we will get a chance to have more such experiences and we will keep on continuing our efforts till the time we get the system fixed.

    Folks, the rally was a huge success. The situation room (15th, 16th, 17th) was an example of all the positive energy which was builing up for the rally.
    The reception(17th) was a showcase of IV. The rally(18th) was the final bang.

    But inspite of having so many people affected from the GREEN CARD delays from the New England area, we just had a few folks show up at the rally. This was really disappointing.

    I am sure there must be a very good reason for that. But if you have any doubts, we will really like to talk to you and clarify your doubts.

    As i always say.

    GO IV GO





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  • 90210
    05-03 10:17 PM
    Anyone???



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  • Blog Feeds
    10-12 08:40 AM
    The government has been ramping up enforcement of employment immigration laws, with a particular focus on insuring that companies are staying in compliance. The number of enforcement activities has increased dramatically in the past year. Now, more than ever, it�s important to insure that your company is ready in case of a government I-9 audit. And for the first time, it�s not enough to be in compliance. Each company must prove compliance, and if using an electronic system, use one that works in accordance with immigration laws.

    The San Diego Union Tribune reports (http://signonsandiego.com/news/2010/oct/09/immigration-audits-are-increasing-against/), enforcement in San Diego County mirrors a national trend toward more scrutiny of employers� I-9 forms, the universal tool for verifying permission to work in the United States.

    Immigration and Customs Enforcement, or ICE, initiated 66 audits with local employers in the fiscal year ending Sept. 30, reviewing 5,588 individual I-9s in the process. That was up from 44 audits in fiscal 2009 and just one audit in 2008. A company can be fined up to $1,100 for each illegal employee, and knowingly violating verification laws can lead to criminal charges and forfeited assets.

    So the heat is now on employers to clean the house, it is also a great burden on employees to find work. As the illegal population continues to grow, they will also find creative ways to deal with the system. All we can suggest employers is to conduct routine internal I-9 audits and have an immigration policy in place, this is the best practice to follow.




    More... (http://www.visalawyerblog.com/2010/10/i9_forms_immigration_audits_in.html)





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  • EkAurAaya
    05-17 12:56 PM
    I'm not a lawyer but my Mom was in the same situation accept she had GC back in the 70's and after that she moved to India and then used visitors visa to travel back and forth (couldn't travel every year) - My understanding is that once you use visitors visa to enter the country you automatically abandon your perm resident status (even though she never physically surrendered the GC).

    She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).

    Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.

    Good Luck! Share your experience :)



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  • ursnkk
    11-21 02:03 PM
    Hi,

    Thanks very much for taking up my question ,

    I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
    When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
    VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :

    In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
    USCIS has again came back with the same issue of my previous H1 B.
    I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.

    Please advice me on this, any help fully appreciated.

    Thank you again for your anticipated cooperation in this matter.





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  • pritesh80
    02-14 08:47 AM
    Hello,

    I have a H1B visa stamped on my passport for Company A. This visa is valid till Nov 2008 and will need renewal after that.

    I recently changed my company from Company A to Company B. They have filed for my H1B transfer.

    Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?

    Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp


    Thanks in Advance for your answers.



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  • gc_chahiye
    10-29 05:51 PM
    There is no need to withdraw your 485. But why do you need 2 485's. It just shuts out visas for others. You can continue on H1b with your current employer and join in EAD with the other.

    Not an attorney , please validate with one

    Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.





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  • kirupa
    04-22 04:51 PM
    The text looks hard to read. The actual graphic of the green thing is great. A member here, sushisource, uses an animated version of it in his avatar :beam:





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  • admin
    03-26 06:41 PM
    xu1,

    Sent you a PM.





    Jeff Wheeler
    10-11 11:38 AM
    If not, it's a funny coincidence.

    More, it's funny that he didn't understand the reference in the post. :P





    gokoulane
    09-20 08:10 PM
    film strip means ..
    just have a look @ the following image
    http://img188.imageshack.us/img188/8674/13948025.jpg

    the two triangles at the end are controls like forward and backward.
    the blue boxes are containers which contains images/ video thumbnails etc.
    by clicking the controls the boxes should move too and fro.

    this is wht i meant by film strip sir.
    thanks

    With Regards
    -Gokoulane.R



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