Monday, June 27, 2011

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  • warrior
    08-26 11:57 AM
    Excellent Article.. need to show to all senators...

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  • martinvisalaw
    12-22 12:03 PM
    You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.

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  • saxx
    01-19 08:34 PM
    That is beautiful sir.

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  • Googler
    07-19 01:26 AM
    Read Section D of the Ombudsmans 2007 report. He also discussed some of these issues in the 2006 report.


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  • GCtension
    10-21 07:53 PM
    Hi All (Please respond)

    I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.

    Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).

    My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.

    I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.

    My Question:
    1.Was I technically out of status and unlawfully present?
    2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
    3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
    4.Is Fingerprinting notice assures that everything is fine except security and criminal check?

    Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.

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  • bpratap
    09-10 02:03 AM
    How do U know the Name Check is complete ? or not ?


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  • ruchigup
    05-01 12:55 PM
    Hello all,

    I received an RFE for employment verification. My ETA 750 list Occ Code as 15-1061 (Title - database Administrators). But in my new job I am working as .Net developer where I work with front end and back end development of their website. I work in C#, ASP.NET, java, Flash.

    My attorney asked me to find tasks matching with O*net description of Occ Code 15-1061 . None of them directly relate, but some or part relates. Am I in trouble because I no longer work in database development.

    In my new job I am working on H1-B


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  • harikb
    01-04 07:04 PM
    Hello guys,

    I came to US to pursue masters, and have started working on H1b while working on my thesis in parallel. Meanwhile my advisor did not get his tenure approved, and had to leave the university. So I had to abandon my thesis work, and had to register for extra courses. My employer and the client I work for are okay to let me go to university for 2 months, but my employer did not pay me for the period (no paystubs for this period). So my year-end wages fell short of the LCA amount.
    I know that unpaid leave is not legal while on bench, but since I took the leave while I was actually on a project, does anybody think mine is a genuine case, if there is any such thing??

    I am looking to go for stamping, and is really urgent

    guys please reply



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  • sk_pmdw
    02-25 01:51 PM
    Recently we had been to India trip( Jan -Feb 2010), we also had expired H1 stampings but valid H1B.
    You do not require Transit visa if you are passing through Frankfurt.

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  • gvenkat
    01-11 01:50 PM
    Hi Guys,

    Just some few questions. Me and my wife are in separate H1 visas. I got my 140 and 485 applied thro my compnay and my wife has gotten her EAD and AP. She is thinking of switching jobs now with her EAD. I understand that her H1 status expires if she does that.

    Here is my predicament. I know it's far fetched. but wanted to throw it out to get some opinions.

    say my wife quits her current job and takes up another position with her EAD and then 6 months down the road i dont get my 140 approved and i'm fired. Here are the list of questions i have

    1) the EAD expires october so we have to file the ead around june to get it renewed, will it be valid for the time period it is specified even though i dont have my original job? (i'm planning to apply for my EAD now). i'm hoping i dont get fired by then..

    2) Can we invoke AC21 in this situation? will it work?

    3) is it too risky to change now or wait till the 140 approved?

    4) can the compnay revoke the 140 after 180 days whether it is approved or not? i'm prety positive that they wont..but u never know...

    if she dont change her job the whole premise of having the EAD is a joke. she still have to slug it out with her consultant. I know it's all just hypothetical but any suggestions/comments would be appreciated. please throw your thoughts in.



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  • ramaonline
    10-09 01:15 AM
    You must have I94 showing H1B classification and validity dates to change status to H1. You can travel and re-enter with a H1 visa stamp and obtain h1 status. Please check with the company attorney,

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  • suntwin
    07-14 09:45 AM
    Hi Guys,

    A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.

    I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
    I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.

    Can i really do the above or am i getting too optimistic.
    Please reply soon as i have to make some really quick decisions.



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  • adsrms
    03-18 11:46 AM
    It is a hard situation for me. I-485 interview for AOS is due in just 3-4 days from now. I am separated from my US citizen wife.Have not filed for divorce. I am employed in the US on a valid L1-B visa.

    Our marriage may or may not work..

    1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.


    2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?

    3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?

    Really appreciate a prompt advice.

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  • astral1977
    02-20 01:04 PM
    I think the processing time for I-485 at NSC is complete BS. Its hard to believe that they have pre-adjudicated all the employment based applications received in July-Aug'07.


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  • Ann Ruben
    02-11 08:58 PM
    Hi Vinod,

    As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.

    If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.

    If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
    E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.


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  • pappu
    08-20 03:39 PM
    Work travel prevents me from attending the DC rally on the 18th (was going to attend on the 13th), but if anyone is hesitating on whether to go due to funds, i offer $200 if you promise to attend. Send me a private message!

    Thanks. Send a note to KanMe about this


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  • gcwait2007
    12-27 01:47 PM
    Can you please advise your processing center?

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  • Pinkie7
    03-14 07:29 PM
    Thanks for the quick reply. I was reading that getting approved I129 means you are cap exempt for next 6 years. As the petition for visa was filed in 2007, so according to this cap exemption should be for next 6 years i.e. 2013. Would be really nice if you can clarify this.

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  • SA EB3 Retro
    10-13 08:55 AM
    Same here.

    salvador marley
    05-06 04:24 PM
    well if i sell 25 million stamps at this price, that will make me an american millionaire but living in england i will only make �529,030 - so i better come up with a better design :)

    11-08 12:22 PM
    Reminded me of an incident when I was a teenager, a budding cricketer and was a huge fan of Nike sports shoes. I would see these uncles with big paunches wearing Nike and would think that the world is unfair that people like me don't get to wear Nike while random uncles do. Completely random thought!!!!

    The point being - the situation we are in, we hope that our plight should be a discussion point in every conversation that India and US ensue in. It crossed my mind a couple of times that we should have pushed for it. State of mind I guess.

    Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?

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