Saturday, June 25, 2011

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  • saileshdude
    09-04 11:37 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.


    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.




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  • gcsim
    06-12 10:11 AM
    Hi All,

    I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.




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  • whitecollarslave
    08-04 04:02 PM
    I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.




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  • fromnaija
    11-13 01:01 PM
    That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.

    How do we know that I-140 is "approvable"?



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  • rockstart
    06-11 08:09 AM
    Its not possible to keep photo copies of each and every I94 issued. I think as long as you have all you I20 and H1B docs you should be good. Plus tracking I94 records is their job not your's




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  • bkarnik
    09-19 06:26 PM
    Recently, I heard the same thing from someone else (was it stucklabor??). It appears that USCIS is being proactive and granting three year approvals once I-140 has been approved. So, there is a chance that this is what happened in your case too.

    Either way, since, this appears to work in your favor, I would suggest sending this question for the lawyer call. If it is accepted and answered, it will be posted on the forum so that you and others in similar situation get a definite reply.

    Bkarnik.



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  • Soul
    05-30 05:12 PM
    :P




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  • LostInGCProcess
    09-04 01:25 PM
    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.

    That is because of the computers at work as opposed to humans. When USCIS revoke I-140, it triggers NOID for the I-485 that is attached to the I-140, automatically.



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  • japs19
    02-25 02:54 PM
    My case was transferred to local office of Los Angeles, CA. I received a note saying on Dec 7th it was transferred to expedite the processing and they (LA office) will let me know when decision is made.
    Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?




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  • newuser
    10-07 05:16 PM
    I got same audit in september as well
    the guy came in to my desk and took pictures and i was asked to show my pay stubs
    then they went to my hr and asked all questions
    on being asked he said its the normal procedure
    so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

    How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.



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  • Karthikthiru
    08-01 11:16 PM
    We all have to keep assuming like this only. The only way is to lobby and increase the the VISA numbers per year. So we all should show up on the Sep 13th rally and show our strength

    Karthik




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  • vamsi_poondla
    04-22 03:00 PM
    Good reply. I agree with you

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.



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  • raju123
    05-15 10:39 AM
    Unless water tank and pipeline become totally empty, there are chances of PD retrogress again anytime. When?? it depends on blessing of DOS official setting PDs. Cross the fingers and hope that it move further so that maximum people file I 485.


    It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:




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  • Sheila Danzig
    07-26 07:30 AM
    3+3 are routinely accepted. I would be shocked if this is the reason. You should know the reason very soon. I know it is very hard to wait, but there is no choice.

    In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.



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  • burnt
    12-12 01:53 PM
    Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?




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  • cram
    09-21 10:21 PM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?



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  • tinuverma
    03-17 01:44 PM
    Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?

    There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.




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  • akhilmahajan
    11-14 09:51 PM
    It will also give one a chance to tell their story to the senator or his aide.

    Right now everyone thinks there is no flaw in the legal immigration.

    If we keep on meeting lawmakers, it will bring to them the hardships faced by legal immigrants, so they might pay some attention to our cause.

    GO IV GO. TOGETHER WE CAN




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  • krishnam70
    08-14 04:13 PM
    A woman who was traveling alone in the mountains found a precious stone in a stream.

    The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.

    But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."

    The woman smiled, "The joy of giving!"

    Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..

    cheers




    skv
    08-03 05:37 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.



    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?




    yadav
    10-24 03:31 PM
    my lawyer sent mine on july 27 (normal no premium) and on october 10 i got an email from USCIS that my application is approved, yesterday got email from lawyer that he received the approval.

    Your might be on the way, i would suggest wait for few more days, if lucky might save 1000$.



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