Friday, July 1, 2011

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  • desi3933
    06-10 12:45 PM
    Hi,

    My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

    Can i find other company and file a different H1 transfer based on my old company valid H1?

    Please Advice.


    Hi Vikram -

    Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

    There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • ebizash
    02-17 11:15 AM
    we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

    Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.




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  • ragz4u
    03-28 09:45 AM
    Please post your responses here

    http://immigrationvoice.org/forum/showthread.php?t=407




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  • alterego
    06-23 08:45 PM
    Bestin,

    I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
    There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.



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  • beautifulMind
    07-26 09:56 AM
    labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion




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  • cchaitu
    03-18 12:10 PM
    I also had two LUD's after I submitted the AR-11 form. It took two days more after I submitted the AR-11 form

    Karthik


    I also got LUD once I have submitted AR 11 but I only has LUD on my I765, I131 not on I485, But I did received confirmation from USCIS that my address got changed for pending App (i.e. 485)..Should I be worried...since I didnt get any LUD on 485....Please help



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  • go_guy123
    02-18 04:18 PM
    Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.

    How about US? Would US adopt this?

    G.

    Point system can be adopted but either way it has to be strict so that
    the eligible people are lesser, like giving points for work exp in US etc(onL1
    or H1b).
    Aust system is also pretty strict and only people who are working/studying in Aust can qualify.

    Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
    too many people apply.




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  • krishgaay
    07-28 11:08 PM
    Hi,

    I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.

    My questions are as follows:
    1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.

    2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.

    3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.

    4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.

    Any advice on her options is appreciated.

    Thanks,
    Krishna



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  • GCBy3000
    07-22 10:05 PM
    You have to find a consulting company who have already finished all the ads and recruitment work and ready to file for PERM for someone. In this case, you can get along with this person and apply for the labor. This is very tricky as you have to find a position which meets your skills.

    If you find one, don't wait to prepare for 485. Get ready everything ASAP in that case.




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  • guyfromsg
    09-08 12:17 AM
    We just got the FP notice and need to get it done in a city more 100 miles away. Will most of the FP office open on Saturday?

    Thanks a lot!

    One in Atlanta is open on Saturday..



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  • MONCYS
    03-28 06:22 PM
    If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.


    My project is getting over, and it seems hard to find a h1b job.

    pls advice




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  • watzgc
    11-05 04:27 PM
    Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.

    we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.

    1. do we need to call USCIS to change the location and date ?.

    2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.

    3. I have updated the address in USCIS using online AR-11 already.

    Plz share your experience/advise...

    thanks,
    ====
    PD : mar-2005



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  • raju6855
    01-19 12:10 PM
    Hello

    My wife went for H4 interview on 1/11 and she was asked 3-4 basic questions and her passport and original I-539 was taken. There was no other communication give to her and/or any colored slip given to her.

    She has AP and 485 filed but AP didn't come through and she has receipt for both, but VO at delhi didn't look at them.

    Its been over 6 business days and no information of passport yet.

    We called up consulate and they say its still in processing.

    I have read in prior forums with "PIMS", is this delay because of it?

    Did someone else had similar experience at Delhi and how long did it took for the passport to arrive.

    Sort of quite worried seeing others post that its taking 4-5 weeks for some, but H4 it really shouldn't be that much....

    Thx




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  • cbpds
    04-16 01:42 PM
    It has been posted in IV already

    Good Read

    http://www.nfap.com/pdf/1003h1b.pdf



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  • Steve Mitchell
    February 18th, 2006, 08:00 PM
    What are your impressions of the D200? Are you happy with it?

    Mine shows this lightly under some conditions. It's not been a major problem for me, unlike what some overly vocal folks at another forum would like everyone to think, but I'll probably send it in to have it calibrated anyway.




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  • GCmuddu_H1BVaddu
    05-23 09:01 PM
    Terito


    How come MS + 2 = BS + 7...?



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  • hebbar77
    08-21 09:31 PM
    First time a post made absolutely no sense to me!:eek:




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  • pappu
    08-09 07:53 AM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.
    you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.




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  • PD1006
    08-04 11:51 AM
    Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.

    I like that. Thanks for posting the update.

    I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?

    PD1006




    getgc2008
    04-23 02:24 PM
    Thanks I got the details.




    kart2007
    06-02 06:43 PM
    Hey I got the same status update for my wife and me today. I think it means we can expect an interview or be called for FP soon. Any more info would be useful.



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