Wednesday, June 15, 2011

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  • vicks_don
    04-18 03:16 PM
    All cases filed before april 1st would they be transfered to TSC or processed at VSC.

    Mine was filed last october.

    Thanks




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  • santb1975
    02-13 05:17 PM
    Please participate




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  • r2i2009
    09-20 09:30 PM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?




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  • insbaby
    09-26 01:29 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).

    Most of the points are true, but using the OLD PD is still a question.

    People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.

    Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.

    Then eventually this becomes your life long challenge of working on immigration matters every day.



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  • wellwishergc
    04-08 07:45 PM
    Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.

    I suggest the following:
    1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
    2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
    3) Else apply for I-140 extension for 1 year based on your approved Labor

    Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

    Anybody in the same situation?




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  • pkv
    01-07 06:13 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?



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  • fcres
    12-10 03:04 PM
    My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue?


    Thats the old D.O.T code. You need to find the corresponding SOC Code.
    http://online.onetcenter.org/help/online/crosswalk




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  • ps57002
    01-30 04:49 PM
    oops wrong post



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  • belmontboy
    10-13 11:00 PM
    If you are ugly, you could go in formal shirts & pants.

    If you are smart and sexy, you could go naked! :D




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  • WillIBLucky
    12-22 01:48 PM
    I did not say that you cannot. I only said if the previous I140 was revoked due to fraud by USICS then you cannot port the PD to your new application.

    Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
    Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

    Looks like we can port the priority date ..., even our employers cancels I-140....



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  • martinvisalaw
    10-07 02:04 PM
    I received my H-1B approval for one year but my I-797 arrived without an I-94....

    The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.

    Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.

    You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.




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  • sheela
    09-23 11:18 AM
    Anybody having experience with USCIS Ombudsman office. How urgent the cases are taken and how soon they are resolved? Does assistance help?



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  • anilsal
    07-16 07:21 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.

    The reason consulates in the US take 50 days for PCC is that they send the request to regional Passport Office in India who take like 45 days. So you may probably apply at PP office in India and get the clearance.




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  • maverick_joe
    05-07 01:14 PM
    its not mandatory to work while on EAD but did you do a job on EAD at any point of time to get out of H1 status?

    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP



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  • rangakutta
    02-10 11:24 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks




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  • nc14
    02-18 03:41 PM
    So, if one is going for Intemized Deductions, can we actually put the expenses that we have incurred for 485 filing (lawyer fees + fees to USCIS) as deductions?



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  • fide_champ
    08-04 05:41 PM
    Please see my answers inside:

    I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
    I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,

    Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.

    Now I would like to take up H1B in a month time, following are my questions


    1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
    Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.

    2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
    Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.

    3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
    you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
    Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
    !




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  • CADude
    11-20 11:53 PM
    I sent too..

    message sent to CBS60 minutes...




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  • rockstart
    01-09 11:53 AM
    As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.




    ca_immigrant
    07-25 08:12 PM
    thanks akred !

    would you happen to know the approx cost for $1000 ?

    or do they have this on thier website or so, I will try to search....


    =========

    (I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
    Thanks Again !
    and more over a national bank,,, feel good when I think of using SBI instead of ICICI

    now have to check if I can transfer money to my icici account using this serivce from SBI.




    eastindia
    08-20 12:06 PM
    Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:

    * The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
    * The new tax only applies to companies that have:
    o 50 or more full and part time employees in the US; and
    o At least 50% of those employees hold H1B or L status.
    * If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
    * The new tax only applies to new H filings (including change of employer filings)
    * The new tax DOES NOT apply to extensions or amendments
    * The total new tax is $2,000, not the higher amount originally feared
    * The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
    * Both full and part time employees count toward the 50 employee threshold
    * Any L2 employees, working using an EAD, also count toward the total
    * The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
    * The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
    * DO NOT send checks to the CIS for the additional fee until you receive an RFE.
    * New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
    * Best practice, use a separate check for the new fee.



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