samedi 11 juin 2011

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  • Prashanthi
    05-20 05:39 PM
    Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.




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  • cr52401
    03-21 08:57 AM
    I am in same situation and try to file next month. Can you tell me how long it took for you to get the second approval?

    I also sent you a PM as well.

    Thank you.



    You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]

    If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.

    - gs




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  • s.m.srinivas
    03-31 01:58 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...




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  • bingl
    04-16 11:02 AM
    thanks weaseley ....
    We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.



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  • dingudi
    03-09 03:34 PM
    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.

    Please go through the following thread. This is recent:
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951

    Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.




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  • karthikgk
    02-19 07:01 PM
    Thanks guys for making the effort to understand my situation.

    i now need a couple of clarifications:

    pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

    So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

    Is that understanding correct?

    Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

    Are my assumptions correct?

    Thanks much



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  • sri1309
    11-03 07:33 PM
    short answer Nope
    a) because immigration is not high on Obama's agenda.
    b) the economic downturn will be used by the the anti's to thwart any measure to help us
    c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
    d) The trend is that the right will become hard right and left will become hard left...wait and watch.
    the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
    We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .

    Imagine you are one of the candidates. Will you raise it. We must make them realize this is important,once they get elected.
    This cannot be an issue to be raised by any candidate thats more focussed only on economy. Immigrants arent playing any +ve or -ve role here. So why will their issues be part of election campaign.
    Again, please congratulate the new president, and do let them know our pain..Tell them we need some dynamic leadership and quicker action.




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  • Redeye
    12-19 05:02 PM
    During the July fiasco, lawyer applied first set on July 2nd and since we were n't sure if the application reached USCIS we put a yello cover sheet which said refiling because earlier 485 could be misplaced. Even after that, both first and second were accepted and I got EAD, FP and AP on the first one and EAD, FP on the second one. Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?

    Or will both my applications be rejected since we did not get back to them?

    I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.



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  • arnet
    08-23 06:41 PM
    have always EAD/AP as your backup even if you have H1 visa (especially when you didnt have stamping or visa expires soon or if you have job uncertainity), it is safe as others suggested.....incase if you need EAD/AP for any emergency, you cant get these easily, it takes atleast 1-3 months for approval based on your processing center, so better apply atleast now...if you are working in EAD then it is better to apply for renewal before 4 months of expiry of current EAD/AP.




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  • rick_rajvanshi
    04-22 12:19 PM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee



    I think it is quite normal that we are getting barrage of RFEs from USCIS. This perhaps is not due to recession or economy at all. It is also not unusual in my opinion. You are simply forgetting the fact that during July-Aug 2007 , so many of us filed 485s together. So its quite natural that when these cases are being processed, we are getting RFEs to re-check for authentications and cases are being pre-adjudicated and approvals are pending for lack of visa numbers. Nothing unusual. En mass filing is resulting in En mass RFEs.



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  • sunny1000
    02-03 05:45 PM
    Hello -

    Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.

    Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.

    Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.

    I would appreciate your suggestions/comment.

    Peace.

    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.




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  • tikka
    08-09 11:17 AM
    Check this out, get inspired

    N2KFOXvkHNM


    Make it to the luncheon as well as the rally

    you rock!!



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  • pradeep_s
    12-20 11:04 PM
    Janilsal,

    I have I-140 notice with me. Thanks for your tips.
    pradeep




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  • senthiltamil
    09-22 08:48 PM
    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?



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  • p7810456
    01-10 03:57 PM
    munabhai
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

    which center, gcphul?




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  • hopefulgc
    11-09 09:11 PM
    Time and again I hear people here and everywhere complaining about how "everyone-who-is-a-citizen" is simply out to get them and exploit them.
    HR is bad mouthed. Lawyer is called a single $ whore. the list goes on.

    By no means you are wrong.... what y'all say is correct to every extent of the word... but do you believe its because they are doing it so. Take a moment, think and tell me if you honestly believe that.
    When was the last time garbage smelled nice... i don't see any of us complaining about that. Seriously, who else is not out to get you. let me answer that... EVERY-- FU**IN---BODY

    Point is, when some law-maker, anti-immigrant, citizen john doe, his wife mary hoe come to the site, she should see the reflection of our high education and quality of thinking in the forums here. They have to feel our maturiy, charisma and elevated thinking in the posts we leave here.

    Think of yourself as the really smart good lookin guy and "all these poeple" as the duette you wanna go out with. For once, we have to stop being cry winches.. and let people know who we really are.....
    <h1>AWESOME and DESIRED</h1>

    No don't leave me red marks... i am one of you... but who believes in us all.



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  • senthil
    02-12 06:37 PM
    when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.




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  • arunmohan
    11-16 12:35 PM
    bump




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  • jsb
    08-15 02:14 PM
    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

    This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.




    glamzon
    07-20 05:01 PM
    No Clue... on this topic ..sorry




    gc_check
    02-21 03:27 PM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:

    Check below article in Times of India
    " Indian IT firms to lobby Bush to increase HI-B quota "

    http://timesofindia.indiatimes.com/articleshow/1423058.cms



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