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  • satishku_2000
    08-01 01:53 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..





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  • mrdelhiite
    07-24 07:04 PM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.

    Thanks
    -M





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  • chanduv23
    09-25 10:44 AM
    We should send this to all lawmakers - post it on IV and post it on blogs - print and distribute





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  • map_boiler
    09-25 05:27 PM
    I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

    he is still eligible to file.



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  • jotv
    11-19 01:09 PM
    thank you for your reply .

    i have another question is i took the dd in hdfc is 4322/- by combinding 4000+322. is this the correct way or should i have to take two different ?iam lokking for first time h1b visa stamping .i already mentioned this.

    before going to interview i have to take any other dd like h4 persons will do? if yes how much ? because i read some where 20,000 for blanket petition .

    please tell me what documents i have to take to the interview? is there any sample questions list ?

    i appriciate your help really.





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  • gccovet
    05-22 07:42 AM
    in early April..... before FP....

    I really hope you get the GC, but I doubt it, just like others here.

    LUD in April does not mean anything as tons of people got LUD in April.
    Good luck though.

    GCCovet



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  • ksrk
    08-21 07:40 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks

    Not sure of terminology here, but some companies have policies to "go after" employees who leave immediately after getting their employment-based permanent residence. God knows there may be a law that allows the company to sue you for your "intent" of staying with the company for the sole purpose of getting your green card and not because you have a vested interest in doing your job for the company.
    While these policies/laws allow for the employee to leave the company after a "reasonable" amount of time (usually six months), if, however, the employee leaves the company within that timeframe, the company has good cause to argue that the employee had an intent of leaving the company from the beginning right after s/he obtained employment-based permanent residence.

    Not sure how much sense this made - the law is kinda fuzzy here, AFAIK. As is good with such matters, get professional advice from a good immigration attorney about what you need to do - always worth the money; the risk is not.





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  • desi3933
    02-11 07:59 PM
    I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
    ...


    Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
    __________________
    Not a legal advice.



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  • BeCoolGuy
    04-04 07:39 AM
    Just two cents -

    One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.

    Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...

    If it still gets revoked, you always have MTR option.

    try to use a good attorney to do the job, especially if you to go MTR way.

    Goodluck





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  • chanduv23
    08-15 08:46 AM
    One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up



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  • mzafar125
    10-29 02:12 PM
    All u require is
    - take the EAD cards
    - take some ID like drivers license or passport
    - fill this form

    Thats it....

    http://www.ssa.gov/online/ss-5.pdf

    Folks,

    I was just reviewing the form, we should select " Legal Alien Allowed to Work" on the SSN application form if we have been issued the EAD card right ? All we need to take along with us is the valid EAD , drivers license, and foreign passport. Do you know how long it takes them to process the SSN.

    Do we have to wait for the SSN to apply for a job or can we start working once we have the receipt stating that we have applied for the SSN.

    Thanks!





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  • Sunny_Bhaaji
    12-28 12:44 AM
    RFE for I-140

    I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise



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  • Robert Kumar
    01-02 11:25 AM
    Hi,

    Here is a question.
    Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
    I can see more scope in my company if I have an MBA. Also company is not doing very well.
    So, can I join a school till I get my MBA.
    How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.

    Thank You,
    Bobby.





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  • 485Question
    10-29 03:21 PM
    Give a try if they can update it.



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  • dextro_a
    02-05 02:24 PM
    you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.





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  • jayleno
    07-09 08:44 AM
    I think most would agree that this not a case of abuse. Its just an issue between two people. Sort this out with your employer. If he has really over paid you, isn't your 2 weeks salary lot less that 8K?

    One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.

    After 2 months, I quit with 2 weeks notice.
    Now he wants $8000 back or he won't pay my last 2 weeks.

    I am on EAD and don't know what to do?

    Can anybody advice?



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  • singhsa3
    09-05 12:21 PM
    No, it is not too late but JUST IN TIME.

    After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.

    Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.

    Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.

    After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.


    From http://www.immigration-law.com/Canada.html

    List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow

    The list:
    Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
    Congressman Joe Beca, D-CA
    Congressman Ray Lahood, R-CA
    Congessman Brian Bilbray, R-CA
    Tony Wasilewsi, Small Business Owner, Schiller Park, IL
    Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
    Rev. Luis Cortes, Jr., President Esperanza USA
    Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
    Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
    David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
    Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
    Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL

    The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.





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  • cheg
    08-30 02:41 AM
    I was thinking that 'Parolee' seems to be the logical choice but I also think that one has to re-enter using advance parole to be called a 'Parolee' exactly what shreekhand said. I would say you're an 'Adjustee' but it's not in the choices so I suggest doing the paper-based application. Good luck!

    In legal parlance it is referred to as "period of stay as authorized by the Attorney General".

    Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.





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  • vidyakulkarni
    12-06 10:56 AM
    If you read the post , they say 21 year old means fresh graduate (bach.), it is very high for that age with no or less experience. here in california also freshers get 50-60k start..





    jthomas
    04-28 02:29 PM
    Thanks for the info.

    Are you presently working?

    J Thomas

    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)





    hsingh82
    02-24 01:05 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??



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