Wednesday, June 8, 2011

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  • bluez25
    08-26 02:18 PM
    also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.





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  • ashwinicool67
    04-29 01:30 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.

    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.





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  • greenhorn
    12-09 01:55 PM
    When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

    In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

    This is a different question. Is the government job also regarded as cap exempt non profit?

    Thank you very much for your help! Our immigration gods bless you!

    Best,


    I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.

    I work for an NPO too and here is what i know:

    If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.

    Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.

    As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.





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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs



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  • GcInLimbo
    11-17 11:38 AM
    Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[

    The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.

    I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.

    Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
    I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.

    I tried to attach the attachment but its failing.

    Thanks





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  • rustum
    10-10 12:35 AM
    Application reached Nebraska on 27th July. Collected by R williams.
    Got receipts for 485, 765 adn 131 from California service center(WAC XXXX).
    Received Date: 27th July.
    Notice date: 28th Sep.

    140 is pending at Nebraska. Applied on 25th May 2007.



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  • gcwanted101
    09-01 12:10 PM
    Hi
    I have my Labor and 140 approved. (140 approved in Jan 2009)
    But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
    So I am planning to request both of this by making FOIA request to DOL and USCIS.
    I have done some ground work for that. Now here are my questions.
    1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
    Or are both of this employer�s petitions?
    2) I have heard that after six month of 140 approvals it become employee petition.
    How much true is that?
    If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.





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  • k_sing
    09-18 04:08 PM
    This is H1B specifc though.. not taxation specifc for others



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  • stupendousman11
    08-22 01:14 PM
    EB2 India from NC.

    Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.





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  • aachoo
    03-23 12:36 AM
    Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"

    And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?

    I would highly appreciate your help!
    Thnaks in advance!

    I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"

    -a



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  • shahsahil
    04-17 02:46 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..

    It is a fresh application.





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  • wandmaker
    12-11 03:00 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

    No, you will have file I-765 form with USCIS, you can do paper filing or electronic.



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  • bombaysardar
    07-26 11:40 PM
    keep it up! :) :)





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  • hemya
    12-10 11:44 AM
    any suggestions if 140 is not approved?

    Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

    EAD in hand



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  • Abhishika
    12-18 07:24 AM
    Hi All,

    I am also in similar situation. My labor says title as "Programmer Analyst"
    and I have an offer as a Database Administrator.

    If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see

    a) 15-1051.00 Computer Systems Analysts
    Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist



    b) 15-1021.00 Computer Programmers
    Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer



    And when I search for the database administrator, it gives

    15-1061.00 Database Administrators
    Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager


    So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.

    Appreciate ur inputs
    Abhi





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  • chaks7
    01-20 11:24 AM
    My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.



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  • otovarm@hotmail.com
    03-03 01:23 PM
    Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.

    Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.





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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth





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  • sam_hoosier
    03-26 10:18 AM
    I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.

    I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)





    miguy
    06-25 10:22 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify





    speddi
    10-05 01:28 PM
    What does your online status say?

    It says Current Status: Case received and pending.



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