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  • newskb
    10-31 02:27 PM
    Hi krustycat,

    Any update on your I-485 application? I am in the same boat too, my attorney mailed our applications to Nebraska, nothing received so far. I did call the USCIS with the given # below, but they are asking me to wait another 10 more days, and they said they cannot submit Service request. -Thanks!





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  • chanduv23
    03-28 12:42 PM
    If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
    As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.

    Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.

    Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.

    Issues have happened with many of my friends.

    It is perfectly fine and no mistakes here.





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  • go_guy123
    05-22 02:37 PM
    Thanks for your Reply.
    My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
    You can file the complaint and once they give you ticket to India , you can available that to go to India.

    In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
    working capital to pay you even if the client is not/delaying payment.

    This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.





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  • morchu
    05-08 04:04 PM
    I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.

    Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.

    Thank you, Ms. Reddy for your prompt reply.
    Do I have to file another I-485? How does it work? Your advice is greatly appreciated.



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  • Joan Jett, Cherie Currie,



  • j751
    07-05 09:46 PM
    Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.

    Thanks





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  • karthkc
    05-11 02:46 PM
    This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

    USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

    In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

    Hope that clears it a bit!

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.



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  • Actress Kristen Stewart, musician Joan Jett, actress Dakota Fanning, and musician Cherie Currie attend quot;The Runawaysquot; premiere during the 2010 Sundance Film



  • tcsonly
    07-16 03:47 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.

    -C.





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  • ras
    07-09 09:47 AM
    back in our o'l days we used to say time will come that people will line up for visa to work in India. I kind of see this first article towards that end coming to reality. B'lore is the second choice for people to work outside USA. wow that is great to know.

    Tech job moving abroad? Offshore yourself with it!


    http://news.yahoo.com/s/infoworld/20080623/tc_infoworld/102534




    Ephraim Schwartz Mon Jun 23, 6:00 AM ET

    San Francisco - If your job is moving overseas, maybe you should move with it. Many American IT workers have looked with increasing worry as programming and datacenter jobs shifted to India, China, Eastern Europe, and elsewhere, with companies seeking cheap labor and Internet connectivity making offshoring a plausible business option. Or perhaps your job is staying in the United States, but being handled by an H1-B-visa-holding immigrant or a foreign consultancy such as Tata Consulting Services and Wipro that tends to import its own workers. While some companies have found offshoring to incur more costs than savings when management and quality issues are factored in, it's clear that IT jobs have been globalized and will stay that way.
    ADVERTISEMENT

    Even if your job is not leaving the United States, you may want to move overseas to a tech hotbed to develop new skills or simply to gain the experience of living abroad.

    [ UseInfoWorld's interactive map to learn about 12 hot cities and 6 regions you should consider for tech jobs abroad. ]

    The most popular types of tech jobs outside the United States vary considerably, and emerging IT centers are themselves trying to diversify their own areas of expertise. But as a gross generalization, product support and business process development positions are more likely to be in India than in Indianapolis; embedded software development positions are more likely to be in China than Cincinnati

    Outsourcing yourself to another country is not a new idea. Dubai, in the middle of the Arabian desert, has more ex-pats from around the world, with the majority Yanks, than local residents.

    Taking an assignment in another part of the world -- especially in economically emerging countries -- will enhance your r??sum?? and your chances of getting a better job once you get back to the United States, say the experts. [Story continued below the map].

    "There is a tremendous demand. Every CEO worldwide is interested in China as a market," says Sam Lee, managing director of the consultancy Dextrys.

    And these executives want IT people who have experience working there in order to liaise with local executives.

    [ Have you worked overseas in high-tech? Tell us about your experiences, good or bad. ]

    The paths to working overseas
    How realistic is it to move overseas for work? The answer varies based on the country and, of course, your personal circumstances. Family considerations -- such as finding a job for your spouse and a school for your children -- can make an overseas move much harder for a family than for a single person. In terms of the basic process, however, there are three routes to getting a job overseas.

    The first is to get a work visa in the destination country, the equivalent of the H-1B program in the United States. This typically requires that the employer sponsor you and go through a process proving you are not taking a position a local could fill.

    The second is to get a work-rotation visa in the destination country, the equivalent of the L-1 program in the States. This type of visa lets companies rotate employees among their offices in various countries. It's often used for executives to help them gain experience across different corporate units but can be used for other positions as well. Global consultancies, federal agencies, and multinationals are the typical venues for such positions.

    The third is to use dual nationality you may hold, such as from being the spouse or child of a foreign national, to seek work in that other country. After all, as a citizen of that nation, you have the same employment rights as any other citizen. (The fact that you are also a U.S. citizen doesn't matter, at least in countries that allow dual citizenship.)

    The fourth is to set up your own company in the United States and be a consultant overseas.

    Some locales, like Costa Rica, actually make it easier for foreigners to come in and start a company rather than come in as an employee who might be taking a job away from a local.

    The top regions and cities to explore for overseas tech jobs
    Based on dozens of interviews, InfoWorld has come up with the following regions and cities worth exploring if you want to offshore yourself:

    Regions:
    * Asia
    * Canada
    * China
    * Europe
    * India
    * Latin America

    Cities:
    * Amsterdam, the Netherlands
    * Bangalore, India
    * Dubai, United Arab Emirates
    * Dublin, Ireland
    * Hong Kong, China
    * Kiev, Ukraine
    * New Delhi, India
    * Paris, France
    * San Jos??, Costa Rica
    * S??o Paulo, Brazil
    * Shanghai, China
    * Tel Aviv, Israel



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  • uslegals
    08-20 03:39 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!





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  • InTheMoment
    06-15 10:07 AM
    Use the one with the 08 expiry date. This is what I did and prefilled it before I gave it the doc. Point out the OMB expiry date to him incase he is making trouble!



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  • co-star Dakota Fanning in



  • jayleno
    01-08 02:27 PM
    I and my wife got our licences from Bridgeport, CT DMV in July 2008(till 2014). I'm on H-1 and my wife is using EAD. We chose to get the renewal based on pending I-485. All they needed regarding immigration was I-485 original reciept(they did not accept photo copies). Try a different DMV in CT and see, it could be that pirticular officer who may not be trainied properly. I had to argue with one officer at that time because he also was giving me a similar reason that they gave to you, and he was corrected by another person at the office, probably a more experienced one.

    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.





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  • shadowbuddy
    03-17 12:56 AM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!

    Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.

    I will keep you all posted as to how it goes over the next couple of weeks.



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  • Dakota Fanning As Cherie



  • mnkaushik
    11-08 01:55 PM
    amsaleem is right. The exp I used was the one i had prior to my filling date.

    fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.

    Here is my situation.
    Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.





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  • Mount Soche
    11-27 09:19 AM
    hi, i sent you a private message..
    good luck

    Hello,

    My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
    Receipt date = 03-Aug-2007
    Notice Date = 12-Oct-2007

    On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

    For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
    Is it really true.

    This is really urgent since I stand to lose out big time on an excellent job offer.

    What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
    Thanks.



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  • spicy_guy
    11-05 03:06 PM
    I agree. There are circumstances this modern life brings us, which cannot be avoided by unlucky souls.





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  • immilaw
    09-14 12:44 PM
    Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.



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  • PD_Dec2002
    08-27 05:00 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).

    Thanks,
    Jayant





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  • Cherie Currie and Bob Berney



  • needGCcool
    08-09 11:08 AM
    Augustus,

    I think you should first read some of the other threads before randomly posting.



    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.





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  • ilikekilo
    07-18 10:40 AM
    Really makes me feel awful when I come across someone who is waiting since 2001 for labor.. This system is seriously broken.. I myself had to wait for over three years to get my labor, and I know how frustrating it is.. I have two friends with priority date older than mine, and they are still stuck in labor. Very depressing. I wish and hope the *&$%!*#@ at Philly and Dallas get their act together and there is a flurry of labor approvals in the next few weeks..

    i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!





    rajeshiv
    07-22 01:25 AM
    Hi,
    Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.


    Thank you.
    chansek

    Any checks issued by recognised banks are valid for filing fees.

    -RR





    nish
    10-06 08:48 PM
    when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...

    Thanks....



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