Sunday, June 26, 2011

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  • madanreddy
    03-14 01:55 PM
    Last week out of a desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

    What are my options? I am in status?

    Thanks for your advice.

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  • ndbhatt
    11-08 01:57 PM
    You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
    Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.

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  • sanan
    06-01 07:10 PM
    I feel your pain buddy!! :(
    My attorney is taking his sweet ass time.. so mine will be around 10th..

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  • vhd999
    06-21 12:18 PM
    Thanks for the update...

    Did you have to redo the medical or the USCIS was happy with the original medical exam that was submitted in April 2004?


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  • msgoud
    03-09 12:54 PM
    he is india
    he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.

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  • kondur_007
    10-16 04:16 PM
    One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance

    I would strongly advise not to do this...
    This can create problems at multiple levels:
    - If at port of entry, he fails to explain his reason to visit; and CBP officer finds out that he intends to work; there can be 3 or 10 year bar for entering US what so ever.
    - If he enters on B1 visa and files for change of status to H1 soon after entering; this is very likely to be denied and he will be deported for misrepresentation
    - If he does get change of status to H1B; he will have trouble getting it stamped in future at a consulate in india (on the same grounds: initial entery on B1 was fraudulant).
    - If he does not have any of the above issues; this will hunt him down during GC processing; and his GC will be denied on the same grounds.


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  • rajivkumarverma
    10-16 07:18 PM
    Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
    hope it helps .
    Hi Talash
    If I file my new labor and I-140 will I lose my old priority dates

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  • stuckinretro
    03-30 10:03 AM
    I'm not an attorney, but based on your description it appears like you do not have the EB2 job offer currently open. Typically, If the company gets acquired by another firm, the 140 needs to be amended and more over you are not working for that employer anymore.

    I think you should first find out if EB2 job still exists if so, you can send a letter to interfile(transfer) your pending 485 to the new 140. You may need to submit I-140 approval notices and 485 receipt notice along with an employment letter to substantiate your claim.

    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".

    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.

    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?

    Please advice. I really appreciate your help!

    Thanks in advance.


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  • bigboy007
    11-01 01:49 PM
    Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .

    1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?

    2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.

    Need ur views.

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  • rsrikant
    11-02 11:37 AM
    I got the same queries guys.
    i think most of vermont transferred applications are getting it.

    i will also send color copies of all the documents mentined by you.

    how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

    appreciate any responses.



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  • pal351
    06-05 06:31 PM
    Congrats guys,
    I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
    Hope i will get this week ..


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  • eastindia
    04-26 03:09 PM
    Go watch the simpsons instead of starting funny threads

    Simpsons is not cool. It is gay.

    South Park is hot.


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  • kartikiran
    10-05 02:52 PM
    I am sure this will enhance the reputation of IV more than ever...!!!

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  • bestin
    03-24 09:31 AM
    but does your I-140 need to be approved before you can use your EAD?

    NO.U can start using it.But if 140 is denied you cannot renew it.

    More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?


    Yes you can travel on AP.


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    08-05 04:21 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.


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  • i99
    08-30 06:25 PM

    Thanks, I will let know if I get anything better.



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  • vinzak
    01-04 11:27 PM
    LOL--- Proposing a new name for this website: which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL

    with original witty quips like that, i would really encourage you to be a standup comic.

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  • mambarg
    07-26 02:52 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.

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  • tonyHK12
    04-27 01:05 PM
    The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.

    More... (

    $1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.

    Ok lets average $11 billion into 22 million illegals - A whopping contribution of $50 per head in income tax per year

    I'm not even thinking of the remaining 500,000+ people in the legal employment immigration queue

    02-14 06:17 PM
    Not sure if I should be happy that there are lots of people in the same boat as me or be worried.
    Anyways swen I take an appointment to go to the local INS office, is it ok if I go alone or does my wife need to come along as well?


    09-16 02:57 AM
    The major grievance of people on H1 was their spouses cannot work and when the ruling came into effect that the time spent on H4 will not be counted and a new 6 year term is possible, H4s massively applied for H1, and this year�s H1 quota was over on the first day itself and then the lotto! Now when the H1 is approved they are too chicken and do not want to work!

    They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!

    So far two, any more in the same situation! :confused:

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

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