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  • abhisam
    08-18 03:39 PM
    this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.

    Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.

    Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.





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  • amyleu
    06-18 12:55 PM
    I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

    1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

    2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

    3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

    4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

    Anybody, please advise. Thank you very much.





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  • sukhyani
    10-04 03:40 PM
    My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.

    So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?

    I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.





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  • B3NKobe
    11-15 08:26 AM
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  • Charleh
    11-30 11:04 AM
    Well I'm not sure about datalists but assuming you have edited the object in memory the binding should reflect the edits. If not I usually just write a Requery method which queries the data source again and rebinds the offending control

    You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).

    It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)





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  • RNGC
    02-10 09:41 AM
    Thanks..



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  • Kevin Sadler
    June 6th, 2005, 05:34 AM
    I put in my thumbs up for the 3d effect. Very cool. The first thought that comes to my mind is one of those lovey dovey greeting cards with the gold scripted lettering. This is definitely a candidate for that.





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  • roseball
    03-08 01:00 PM
    Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.

    My 2 cents.

    He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.



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  • mchhokar
    05-17 12:27 PM
    hey thanks!! Yet to see the copy of denial notice..does anyone knows whether appeal process entitles you to stay legally in US untill the final verdict?? I read somewhere that if your I94 /visa is expired , then the appeal period is illegal!!





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  • interfile
    08-26 05:51 PM
    Can somebody post the procedure and/or the sample/format of a letter to USCIS requesting to interfile?

    Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?



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  • poojasjain82
    02-04 04:01 PM
    Hi,

    I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

    Currently I am on H4. And there is a gap in employment since March 2009.
    I have got an offer now and employer will take care of my H1.

    I need to know what is the process of H4 to H1 in this case.? Can anybody help me
    How much time does this change of status takes place?
    The H1 now will be valid for how much time?
    Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
    Is it not recommended to move out of the country till status is changed from H4 to H1.

    Please somebody reply. Its urgent!

    Thanks in advance
    Pooja





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  • pbojja
    04-15 02:52 PM
    Thanks Vamshi , No worries just curious .

    I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .



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    11-24 08:20 PM
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  • Ann Ruben
    04-17 01:09 PM
    Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)

    "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."

    As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.



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  • rockdanation
    03-13 08:32 PM
    the question is how can i file my own 485 when i don't have details about I140. Is there a way where by i can get this info. i need SRC number to file for my 485 and i am current. i am on EB2 , other country not India, China .

    thanks





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  • cnag
    10-13 08:41 AM
    Folks, I have received a notice from USCIS stating the following:

    The above application or petition has been received.

    Your application was received without the necessary fingerprint fee.

    Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...


    Is there any one else in the same boat? What are my options here?

    I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.





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    natan
    09-10 12:32 AM
    Hello gurus,
    I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.

    Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.

    Regards
    Natan





    pappu
    08-09 07:53 AM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.
    you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.



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