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  • godbless
    07-18 07:55 PM
    My I 140 alone was applied on July12th as we did not know anything about the revision that time.

    I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.

    Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.

    Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?

    Thanks a lot for the reply,
    Sam

    You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.




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  • wandmaker
    12-11 07:46 AM
    Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

    Go IVans Go!




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  • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!




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  • green_card
    07-20 01:58 PM
    stop the guessing game. give some concrete info if you know it or let someone else that knows answer.
    what you believe doesnt amount to a hill of beans. no offense.


    I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.



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  • abhijitp
    07-09 12:44 AM
    Chindambaram's statement on HSMP rule change. Article has mention of H1B too.
    This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.


    http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm

    30 January 2007


    There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.

    Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.

    Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.

    "Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.

    "If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"

    Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.

    A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.

    Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.




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  • GCBy3000
    06-14 05:02 PM
    yes it is like that all these years, but atleast now I hope them to use their idle and rusty brain.

    There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.

    The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...



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  • a_yaja
    01-21 08:45 AM
    Can soneone help me with this question.....please....

    My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
    I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

    Thanks in advance!

    Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.




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  • ksircar
    07-30 08:39 PM
    As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.



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  • little_willy
    05-22 08:46 PM
    What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.




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  • desi3933
    09-17 09:09 AM
    .....

    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008

    ........



    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.


    *** Not a legal advise ***



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  • vikrantp
    01-22 09:17 AM
    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.



    Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?




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  • fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.


    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.


    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    https://egov.uscis.gov/crisgwi/go?action=coa

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).



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  • fromnaija
    01-23 10:39 AM
    I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

    Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:

    No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.




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  • Rb_newsletter
    02-09 03:28 PM
    These are blood sucking leeches playing with our emotions, just for the sake of few clicks on to their page.
    The article is Dated Feb 11, 2010 and glorifying a half-hearted attempt in Dec 2009. GRRReattt:mad:

    How does this 'Blog Feeds' work? Is there a way to filter these kind of dupicate/old news?



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  • buvane
    09-10 03:04 PM
    I also got the same answer saying my case is under Extended Review. I'm confused what do they review for 2 years? Any Clue??
    What should I do now??

    PD -May 7,2004
    RD-July 2,2004
    ND- Aug 28,2007




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  • smiling08
    09-19 08:52 AM
    HI All,

    I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

    Fan



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  • desi3933
    05-12 12:49 PM
    .... How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications). ...


    Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.


    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.


    Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.

    ______________________
    Not a legal advice
    US citizen of Indian origin

    .




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  • siva008
    02-24 09:08 PM
    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me



    Thank you




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  • desi3933
    06-25 02:07 PM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...


    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    2. What was amendment for?
    3. Why H-1B amendment was denied?

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




    chanlal
    07-31 04:32 AM
    Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

    Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

    2, Offer letter with agreement of employment just before going to us consulate for stamping.

    I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

    BG got expired on last month and now they want me to travel to US immdly.
    If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

    I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.


    I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

    Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

    Thanks




    acecupid
    07-06 11:48 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.

    Thanks.

    Yes, very much possible.



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