Thursday, June 16, 2011

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  • letstalklc
    10-02 01:10 PM
    I could see couple of July PD audited cases has been approved...hopefully you might get some result.

    By the way did your case has been filed by Fragomen Law Firm?




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  • shutterbabe
    11-19 09:41 AM
    Thanx everyone for the helpful advice. I will schedule an infopass appointment. Can can I see an I/O at a location that doesn't service my area?




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  • kpchal2
    03-03 11:55 AM
    chanduv
    thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
    thanks a lot in advance.




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  • chintals
    09-03 11:43 AM
    I have got an LUD on 09/01/2009 for both the cases, but the status is still pending.

    I am worried, did any have similar experience?

    I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.



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  • kaisersose
    06-02 03:24 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?

    Here is how I see it,

    1. You use your EAD and quit your employer.
    2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
    3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
    4. But she is no longer in the US legally and so she cannot really apply.

    I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.




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  • greyhair
    04-21 11:45 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

    Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.



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  • mallu
    08-06 03:29 AM
    Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?

    According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E




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  • pmb76
    08-13 02:26 AM
    I think vldrao is from numbers usa. That's my theory. he was just hangin out here as a mole to get information from IVers. At the same time he was giving out some information to hide his identity and gain our trust. :)
    What say chhapan tikli ?



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  • 21stIcon
    10-15 04:37 PM
    look this

    http://www.investopedia.com




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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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  • 2Pac amp; Biggie


  • WeShallOvercome
    07-20 02:11 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.




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  • radhagd
    03-09 03:19 PM
    H1B is not required for filing Perm labour. You can file Labour in EB2 and after labour got approval you can file I140 along with Request to port PD. Once you get I140 approved with early PD on it,file another I485 under Consular Processing, when your dates are current. This will not effect your current EB3 I485.



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  • panky72
    07-21 10:38 PM
    Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.

    I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
    http://www.pamf.org/patients/bcg_ppd.html




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  • Dhundhun
    09-20 10:33 PM
    What is GC?
    What is it anyway?

    If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.



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  • frostrated
    09-14 04:35 PM
    I got it.
    I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
    At this stage they might have spend money on LCA only + for attorney fee if any.
    Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
    H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
    Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:

    Any money spent by the employer for employment related expenses are employer expenses. you are not liable for them. If they push, inform DoL. Employment in the US is At-Will. The only clause they can enforce is to prevent you from using any of the knowledge you acquired with them (non-compete contract). As you have not worked with them, you are not yet an employee, and there is no legal standing for them to come after you.




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  • wandmaker
    11-21 04:15 PM
    cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.



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  • Karthikthiru
    04-09 03:00 PM
    I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.




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  • usirit
    11-20 11:37 PM
    There is a good job offer willing to take care of my GC process; my question is: "...being from Venezuela, with my H1B reaching its 6th year on June'29th 2009. Also, with my current employer my LC via PERM has been submitted under EB-3 since 08/06/07 at the Chicago Processing Center and is still "In Process".... I-140 & I-485 has not been submitted yet"

    Should I just wait.... or transfer which means redo the LC (Ads & Wages) around 90 days plus transfer of H1B via premium around 7 - 10 days.

    I just want to evaluate what will be closer and less stressful ...to wait until the actual process end with my current employer or just transfer because time invested is minimal compared to time to go.

    I will appreciate your advice so I can get back to the new employer with a much better perspective.

    Thank you in advance,




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  • gc4me
    07-12 09:19 AM
    Lawyers are willing to file before JULY as because then they can charge the
    LEGAL fee. Wake up vivekm1309....


    Our lawyer Company has decided to file the AOS application in July

    I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.

    Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.

    Wanted to share this information as it may be helpful for you folks too ...

    Vivek




    immihelp1
    07-17 06:22 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file




    jambapamba
    07-20 07:53 AM
    If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.


    What is wrong with taking Hope credits ??



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