Wednesday, June 8, 2011

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  • ganguteli
    03-04 05:43 PM
    Is there anything i can do on H4 visa??

    You can volunteer your time for IV and help .

    You can also expand your family . Do not wait and put your life on hold due to your visa status.




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  • aanurags
    10-21 03:48 PM
    I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
    Possibly the new job will not be 100% aligned with the job desc that was put during the LC.

    Do any one can help me guide what are my options?




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  • gonecrazyonh4
    05-12 03:02 PM
    Please help on this situation.


    LC in Backlog center
    Not able to file I-140, spouse not able to work, life on hold.
    Company going to file PERM in 2 months time.
    Currently on H1b 6th Year and will be on 7th year in 2 weeks time
    7th Year extension already received based on LC filed with priority date of
    March 05
    Sick and tired of current employer,Can he move to a new employer?

    New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?

    Anyone in similiar situation? Please help




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  • furiouspride
    04-24 09:50 PM
    thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
    Yeah, thought maybe your 'son' was worth a few keystrokes ;)



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  • webm
    04-22 03:13 PM
    its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.

    yeh true...




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  • garybanz
    09-28 12:13 PM
    I called up USCIS - Number: 1-800-375-5283, If you don't have a receipt number and want to get one Touch Key options to press are : 1-2-2-6-2-2-1

    You need to say that your application is more than 90 days old, else you will be kicked out.

    If you say that your application is more than 90 days old then you will be transferred to another person who will give you the receipt numbers.

    For the record there should be one receipt number for each applicant (your dependents and you)) for each document (485, 131, 765)



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  • whattodo21
    10-25 09:22 AM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?




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  • rrajendra
    08-05 02:24 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)



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  • amitjoey
    07-11 02:54 PM
    Hope someone is close enough to help.

    Thanks korient, Hope somebody steps up for the interview.




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  • vmetla
    07-30 07:48 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.



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  • CRAZYMONK
    04-07 11:49 AM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    Which state you are in?




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  • bhatt
    02-06 05:36 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you

    No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
    - I am not sure about the 2nd Question.



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  • add78
    06-19 11:15 AM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)




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  • jnraajan
    04-09 04:52 PM
    My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.

    Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.



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  • chi_shark
    06-16 09:43 AM
    1) yes stop working
    2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
    3) if you work without ead, you will be working illegally.
    4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).

    even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).

    hope this helps.

    Hello :

    My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

    If I don't receive my new EAD card by July 28, 2010, then

    1) Will/Should I stop working?

    2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

    Any response to these questions will be highly appreciated.

    Thanks!




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  • floridasun
    01-27 02:37 PM
    Congratulations - enjoy your FREEDOM ! BTW I have the same priority date - only one trivial difference - EB 3 :eek:

    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.



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  • arnet
    09-08 01:47 PM
    DOB certificate is important for all applicants (including spouse and children) but if you cant get it, some advise to get affidavit from parents and Non-Availability Certificate from the local municipal corporation in your place of birth as a substitute for DOB certificate. But USCIS filing procedures are constantly changing so be careful to check with your attroney to avoid future queries because they might say they cant accept this substitution anymore.

    Disclamer: check with your attroney for your situation as I'm not an attroney.




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  • wandmaker
    12-06 11:30 PM
    My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    Your attorney's opinion is incorrect. You can request for 3 years extension as your 140 has been approved and PD is not current. If you PD is current, you will get only 1 year extension.




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  • GCBoy786
    08-27 06:31 PM
    I called USCIS and they told me to wait for 30 days and then give them a call back. If I call them after 30 days about the missing card, they might open a case for it. I am not sure how many days it will take for them to send the replacement card.

    Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?




    little_willy
    09-27 01:24 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.




    Sandeep
    01-26 12:23 PM
    (a) a policy paper by the committee for economic development
    (b) A paper by Pia Orrenius and Madeline Zavodny of the FRB, Dallas, that discusses the effect of immigrants on wage levels
    16

    17.



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