Saturday, July 2, 2011

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  • asiulek
    09-12 07:33 PM
    I did work on J1 part time 19 hours a week on campus while I was a student but I did not mention it.
    It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
    I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...




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  • pmamp
    12-22 09:59 AM
    My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

    Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?

    Thanks

    I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.




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  • solaris27
    10-17 12:33 PM
    http://www.maggio-kattar.com/




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  • dohko
    04-08 10:04 AM
    did you guys select CP or AOS?
    Wouldn't CP be faster in dates become current.



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  • uma001
    04-15 09:15 AM
    Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.

    Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.




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  • Ann Ruben
    04-23 06:39 PM
    This depends on the quid pro quo for the equity shares. Are they being given to you in exchange for a passive capital investment in the company or as compensation for work you have performed or are performing?



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  • bkshres
    10-07 10:32 AM
    Hi,

    I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.

    Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.

    Thanks,
    BK




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  • validIV
    03-06 10:31 AM
    Its been a long time since Ive been on F-1 and I'm sure some of the rules have changed.

    F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.

    Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.

    I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.



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  • terah14
    10-27 12:35 AM
    Background checking process is very risky and a tedious job. The time depends on the intensity of the report of the background check is desired to be. It may take from minutes to days, months or years.




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  • ajay
    07-14 01:32 PM
    You should be able to work with any company provided they are ready to give you support when USCIS asks for an RFE about your employment status.

    Also you have to make sure that your job fall in the same description that you have filed the 485 for.

    Consult other informations/resources also.



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  • fromnaija
    06-27 01:20 PM
    I am in a similar situation. My attorney says I could file.

    Can i file for I-485 while my H1-B extension petition is pending?
    Should i premium process my H1-B petition before i can be ready to file my I-485 in july?

    Thanks
    sri




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  • jsb
    01-09 03:40 PM
    Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.

    thx

    AC21 guidance issued in the following link should clarify some of your concerns.

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.



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  • sandy_anand
    05-23 03:34 PM
    Just more blah, blah, blah.. BTW who is Doraikumar? Is he from IV? He has been quoted here..

    Duraikumar was probably just one of the thousands of people who posted on the blog. They cherry picked a few to highlight different aspects of the issue. Bottom line, like you said, just a lot of noise and no real action. Hallmark of this administration. :mad:




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  • stuckinindia
    10-22 03:13 PM
    Hello,
    I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
    :mad:
    Any advise? Can I contact someone to help expedite this process?



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  • Life2Live
    12-19 04:55 PM
    I do have house here and I am 6th year of H1B, I did appeal on my I-140. If that gets denied I have no option than going back. In that case I have to sell my house or file bankruptcy foreclosure +++.




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  • bayarea07
    04-08 04:04 PM
    Hello All,
    I have a quick question regarding my EAD.

    I got my EAD through Company A and then that company got bought Over by Company B, though in my Employer name Section, my EAD is still held by Company A.

    Question 1 - So Next Time,if i file for my EAD extension,do i need to file any kind of amednment to speciy the new company B in EAD and all USCIS document

    Question 2 - What if Company B decided to close down its newly acquired unilt which is Company A, what happens of my EAD status, will that be invalid now.

    Please respond.

    Thanks!



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  • good idea
    02-17 03:23 PM
    Thanks guys... for your replies (for information)... for me it's normal processing...
    I hope for the best...

    regards...




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  • chintals
    10-22 01:39 PM
    My application is sent to NSC -> TSC -> VSC. I-485 is transferred back to TSC while AP and EAD are pending at VSC.

    Details in signature.




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  • aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks




    ronhira
    08-02 09:45 PM
    http://www.youtube.com/watch?v=4iMU-y2PNlo&NR=1#t=1m50s




    bugsbunny
    03-24 03:29 PM
    i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
    There is a lot of guidance about what constitutes "same or similar"... from USCIS
    There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
    Hope this helps!



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