الأربعاء، 29 يونيو 2011

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  • Jinlaw
    03-21 03:14 PM
    Oh I see, sorry about that! I'll make two threads one for each and maybe delete this one?




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  • npras123
    05-10 12:59 PM
    I am an undergrad student at purdue. I went to a community college for a year and transferred back to purdue. I did not fill in any paper work or anything and I was put out of status as per my international advisor. I handed them a all the documents that were needed for reinstatement. they told me it take 3-4 months for reinstatement and i should stay the US in the meantime.
    Now being said that I filled it on 10/9/11 and i am gonna be dropped from purdue on 10/17/11. I am planning on attending a community college for the coming semester and they will not accept me with a terminated record.
    So my questions are -
    1) Will immigration department check back with uni if i am still enrolled (note: i got paper signed from my advisor with my graduation dates on it)
    2) Should i leave US and apply for a new visa and a new i 20 with that community college?
    If yes, then what are my chances of getting a visa?
    3) What are my options??

    Please advice. I am at crucial crossroads of my life.
    thanks!!!!




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  • cjgirish
    02-06 02:13 PM
    Hello All,
    I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
    � How can I retain my old priority date?,
    � Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
    � It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.

    Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.

    Regards,

    CJG




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  • solaris27
    10-12 04:13 PM
    you have to wait till 180 days .


    Your employer can revoke 140 in once that you filed i-485 within 180 days .

    So you have to make friendship with him till 180 pass .



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  • LondonTown
    08-11 08:58 PM
    I have applied for H1B transfer and here is my situation.

    H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.

    We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.

    What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?

    Do you have I-94 attached to the approval notice?




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  • gk_2000
    11-05 04:46 PM
    There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
    Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
    Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)

    1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
    2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
    3: Applicant should be more productive than his colleagues

    Collectively, do we meet these criteria? Point by point:
    1. Gather details of each and every one's project, past and present, and state the intrinsic merits
    2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
    3. Maybe, if you have an approved labor, this can be taken care of

    And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?

    In principle, do you believe that our immigration is in the national interest?



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  • Anil_s
    03-03 07:21 PM
    Hi,

    Thank you for the information so if I am leaving country then will it be a problem?

    Anil




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  • TwinkleM
    09-05 12:34 PM
    Hello,
    I have been approved for a new H1 visa for 2 years - Consulate Case. My previous visa extension was denied & so applied for a new one with a different company in a different state. I m trying to book an appointment online for the interview in which I have to fill up DS 156 form. There is one question # 24, where it is asking me write the address where I will stay. At present, I have not decided on address as I don't know stamping would be approved or not. So what do I need to write there. I presently stay in a different stay where I own a house.

    Lawyers & experienced people pls. help out as soon as possible... I am running out of time...

    Thanx In advance



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  • pasa0202
    12-10 03:31 PM
    Hello Attorney,

    Is my perm valid if I am out the US without H1 B status? OR

    Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?

    Here is my situation:

    -My I140/I485 got denied -- in Aug 2009
    -I got 9th H1B extension which is valid till Apr 2010
    (As I know after Apr 2010 that I am not eligible to get extensions)
    -My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
    -My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.

    My question to the attorneys:

    If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
    Or
    Do I need to wait 1 year to get the new H1B for 3+3 years?

    I really appreciate your suggestions.




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  • addsf345
    08-21 01:15 PM
    Bump

    stop spamming



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  • ChainReaction
    09-06 09:21 AM
    I had filed my I485 directly at TSC , the address which was listed on my I140 Receipt on June 25th as per the advise given by IO when i called the 800#

    Texas Service Center
    P.O Box 851488 Dept A
    Mesquite TX75185-1488

    I still haven't received a receipt and the checks has not been cashed . I would like to know if anyone else filed their application at the address listed above and have received a receipt notice ?:confused:




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  • boom
    01-13 08:03 AM
    I am having the same issue.Applied AP online on 1/10/11.Got receipt no and Application as PDF.I have the Receipt no and sent all supporting document with LINXXXXXXXX no.But I have been trying to add the case no to my profile and it says not found.I am not sure what can I do or wait for more days.

    Thanks



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  • pansworld
    11-28 02:38 PM
    Maybe I am the only one.

    Pankaj Sharma




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  • willigetagc
    07-25 02:10 PM
    Please let me know. My lawyer has taken my personal checks and sent them to USCIS...



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  • pmamp
    04-05 08:26 PM
    Thank you for the suggestion.

    You dont have to apply for a COS as long as she is leaving US before her current I-94 expires. However, note that when she goes for her H4 interview, she might be asked to prove her H1 status by showing her employment details (recent pay checks, tax documents..) in addition to your employment documents before they give her the H4 Visa...This happened with one of my friends at Chennai embassy...Just wanted to give you a heads up on that....




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  • mk26
    07-14 12:33 PM
    For me, company is moving to another town but same county , will this a problem ? is there any link to DOL site for this info?



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  • perm_res_app
    07-27 08:48 PM
    Hi folks,

    I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.

    My questions are -
    1. Do I need to have the approval notice before my expiration date?
    2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?

    Any suggestions are most welcome. Thanks in advance.




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  • jim79
    06-29 04:39 PM
    Hi,
    I am on h1b status and my wife is on h4. She applied for an h1b(COS) this year (FY 2011) and the application has been approved. We received all the documents regarding H1b approval(except I-94). her employer said that we won't get an extended I-94 in this case.

    My concerns are,

    our visa's are getting expired on Sep 23(as per I-94 on visa its till 30Sep) and my company is planning to extend both H1B and H4. As she would be able to start work only from Oct 1 2010 and the visa is expiring on Sep 23, I think we have to extend her visa to avoid out-of-status. If I extend her h4 will it make her already approved H1b invalid?
    if its required to extend the H4 is it mandatory to start working on 1 Oct 2010? (she is pregnant now and due is on Nov 2010 , so cannot start on Oct-1)

    thanks
    Jim




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  • coolpal
    03-30 05:14 PM
    Yes you can.
    The 180 day rule is to invoke AC 21 and switch employers

    pal :)




    desibechara
    11-06 03:12 PM
    yes I had LUDS on Nov3, nov and Nov6..approval sent yesterday..

    My RFE was about bachelor certificates..only..

    because I had submitted all my w2s and tax stuff when i filed concurrently last year on aug 7 2007


    Lawyer sent it on Oct 28 and recvd on nov 3..then in 2 days approval..




    ajay
    01-25 11:05 AM
    I would suggest you to call up USCIS and tell them about your situation. I am sure they will advice you to what to do next.


    Good Luck.



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