Tuesday, June 14, 2011

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  • calgirl
    08-15 07:54 PM
    Folks,

    If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?

    Any ideas.?
    Thanks.

    Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

    Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.





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  • pappu
    04-14 07:45 AM
    We have a call today @ 7 PM EST if someone wants to send questions/be in the call.





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  • Steve Mitchell
    November 21st, 2005, 07:51 PM
    This one...I sharpened it. Hope you don't mind.

    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?





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  • desi3933
    02-25 01:08 PM
    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

    >> Since she is currently on an H1B, her previous H4 stamp is invalid.
    Incorrect. Total BS in your post.

    Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.

    __________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • singhsa3
    08-20 08:50 PM
    Thats what recent approval in last couple of days are indicating..
    looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006

    there are not much perm certified in 2005 ...hope you all get it





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  • voicerj
    05-12 01:43 PM
    Where do we need to send the questions for the free conference call today ?



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  • tabletpc
    11-20 01:59 PM
    RK, Just HDFC is fine..!!!

    Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.

    is this fine or should the state of residence be Karnataka...???

    Thanks





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  • starscream
    04-21 06:28 PM
    Sid,

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.





    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance



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  • ujjwal_p
    08-14 09:12 PM
    good morning.
    This horse has been beaten to death before.

    the pre-adjudication process does not give u any benefits of I-1485.


    I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!

    From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.





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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We



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  • beautifulMind
    05-03 07:06 AM
    I have still not received the approved I-140. I am hoping it would have the old date since I request priority date transfer.





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  • Enebreus
    01-20 08:19 AM
    Unfortunately, your entry doesn't qualify because you are using box2d :(

    Really cool entry though!

    Kirupa,

    Any chance you could change your mind about this entry being disqualified?

    I've just re-read the official rules (http://www.kirupa.com/contests/index.htm) and nowhere does it say: "Don't use external libraries".

    I only suspected I might be in trouble after finishing the entry, when I read the guidelines thread.

    It doesn't seem fair that I've been disqualified over a rule that isn't actually in the rules.
    The situation sort of reminds me of 'The Hitchhikers Guide to the Galaxy' where the Earth was destroyed because no one bothered to check the bulletin board on another planet.

    Thanks,

    Enebreus



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  • Humhongekamyab
    08-15 01:06 PM
    You might want to change the Title ....not good sign to something more appropriate .... sign of delay.





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  • martinvisalaw
    02-23 06:04 PM
    YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.

    You need to intend to work for the sponsoring employer once permanent residence is approved.



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  • gcformeornot
    06-30 08:36 AM
    You are a line jumper. Get out of here..:mad:





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  • prout02
    08-13 07:49 PM
    My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.



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  • eborbust
    07-01 12:57 PM
    Sorry Pappu...I agree to what u said. I should and would behave....:)

    To the guy who who told me to edit post. there are tons of other posts with irrelevant stuff. i didnt see u jumping on them.

    I am trying to be as close to relevant as I can be. As i said, a past legislation doesn't mean future legislation would be same BUT it definitively give us a lesson what we should strive to prevent....

    and whatever the 2006 and 2007 legislation were - they were. I didn't made them up myself. So, I cant edit them...lol...





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  • rockstart
    10-29 12:25 PM
    Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer





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  • SunnySurya
    07-13 01:12 PM
    Surabhi, thanks for your reply. Thats another option, I should look at.

    I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.

    The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.





    gregspirited
    03-25 02:18 PM
    She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
    We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
    So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
    If you need details then PM me.
    Everyone has their own priorities and their own way of dealing with the situations.

    Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

    I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

    Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)





    GCBy3000
    07-21 03:56 PM
    Hi,

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.

    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help



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