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  • guyfromsg
    07-18 08:34 PM
    Hi,
    I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??

    Anyone any thoughts???

    Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.




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  • looivy
    11-19 02:06 PM
    I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.




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  • h1techSlave
    04-27 10:32 PM
    This one is from Mathew Oh:

    After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.

    After watching all these dramas in the Senate/House, I feel the law makers are testing the waters with various types of immigration bills. Like the IV core team has always suggested, our only real chance is the CIR, whether we like it or not.

    Cheers,
    h1techSlave




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  • NKR
    03-17 01:02 PM
    I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.

    Good Luck!!

    I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.



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  • alterego
    03-24 07:53 PM
    Well done Mark, I think you presented our case very well.
    There are a lot of stereotypes and misunderstandings of the facts around this issue.
    It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
    Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!




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  • Desertfox
    04-06 04:39 AM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"

    Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.



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  • Ramg
    04-09 09:54 PM
    Dear All,

    We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.

    Please clarify:

    1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
    2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
    3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)

    I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.

    Please help me clarify these questions.

    Thank you,
    Ramg




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  • bfadlia
    11-30 10:48 AM
    you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
    But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
    I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.



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  • txh1b
    08-18 12:21 PM
    To be safe, do it even if you get an attached I-94 as you began working. You never know what sort of a minor infraction can lead to a huge trouble later on. Good luck!




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  • Rockford
    07-16 02:57 PM
    Guys , read the core update on the home page !!!



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  • jonty_11
    12-03 02:15 PM
    I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

    I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.




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  • chmur
    09-21 01:46 AM
    What is it anyway?

    That's what one feels like



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  • snathan
    04-15 06:32 PM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..


    Good luck




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  • Sri_
    02-29 09:06 AM
    How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?

    Take the infopass appointment. Tell them your 485 receipt number and request them for Receipt Date & Notice Date. In the initial screen, I think officer can only see Notice Date. Then request them for Receipt date, then I think they can dig the info and find the info.

    Few officers are not aware and they say that there will be only one date i.e. 'Notice Date', you should tell them the difference between Notice Date & Receipt Date, then they will try to look. This happened to me, So I showed them my I-140 receipt and explained the difference. Then the officer got convinced to check for Receipt Date for 485 in the system.

    Thanks



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  • Navigator
    05-19 02:23 PM
    Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
    After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .

    As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
    Also they didnt send me the relieving letter and others indian PF etc.

    They even paid less that that was specified in the LCA.

    I would like to know if you had complaint DOL on this ?

    Regards




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  • DDLMODES
    07-09 03:28 PM
    even now?

    Thats strange.....

    What is strange ?? He used PP in June when it was still available. USCIS suspended PP only for new cases to process what they already had.

    I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
    :rolleyes:



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  • andycool
    04-23 02:49 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that

    I think your Employer is trying to scare you ...:)




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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




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  • jhaalaa
    04-05 09:17 PM
    I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
    >> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    Can someone please answer my questions?

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
    >> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).

    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    >> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
    >> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
    >> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.

    Hope the above helps.

    Best Wishes for all.




    amitga
    02-15 11:29 AM
    The best way to generate Revenue is to attract Advertisements on IV website. There is lot of traffic in IV from Indians and Chinese and some people from ROW.

    IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.




    nabs501
    07-19 07:40 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485

    This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification

    Did my lawyer screw up?



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