Tuesday, June 14, 2011

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  • ssbaruah@yahoo.com
    06-10 10:16 AM
    Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.





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  • lakshman.easwaran
    07-25 11:44 AM
    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?

    If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.





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  • nlssubbu
    12-05 03:22 PM
    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks





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  • bc_rp
    09-14 11:18 AM
    Zofa :

    Per your profile your area of charegability is Egypt. EB2 dates for Egypt are current , there is nothing that prevents you from filing your 485 today .

    The Visa bulletin can be found here Visa Bulletin for October 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5145.html).



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  • ken
    09-29 11:40 PM
    I opted for renewing the AP online on Sept 22,2009.Got the receipt at the same time, and next day which is Sept 23 i sent the supporting documents along with the cover letter,2 photographs ,confirmation receipt ,485 receipt, DL copy and passport copy from Priority Mail with delivery confirmation. Today when I tried to check the status on postal website it says that document scanned on Sept 23 which means they haven't reached the destination, now this concerns me because previously when ever I applied AP and sent the supporting documents they normally take 2 to 3 business days to reach.

    Now my question:

    1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set


    In between I see soft LUD's of 9/28 on my wife AP

    All responses to the above matter is highly appreciated





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  • snathan
    05-29 09:17 PM
    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.

    I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.



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  • perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????





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  • psn1975
    11-05 08:06 PM
    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
    What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!



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  • jcrajput
    10-01 11:31 AM
    They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.





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  • kumar1305
    01-22 07:27 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.



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  • grimreaper
    03-29 05:58 PM
    I have filed PERM in Nov-2009 and am still waiting. I am a Physician and hope not to get audited. Let us see.





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  • wandmaker
    09-15 01:21 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    Inform POE officer - s/he will make a copy and return the original to you.



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  • Winner
    02-24 11:52 AM
    Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
    Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.


    I’m not sure about "pay to post" idea, but I’ve one more suggestion.

    I see many offensive/ill-mannered posts/replies in the forums; this is bound to happen if we let members to be anonymous. I would suggest a verification process in which any new member should provide his phone # and state leader/volunteer can call the person and then grant them access then we can have a healthy debates and discussions.

    Now I understand that this will put more burden on the volunteers and state leaders who are spending their personal time to help all of us. I can take care of this task for Texas.





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  • saibalagi
    07-17 07:23 PM
    At least send thanks to IV core memebers such as Logic life, pappu and contribute more.
    Thanks



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  • tabletpc
    05-28 11:43 AM
    gc_on_demand
    when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
    or can I jsut apply for 485 with previous company labor and i-140 approval...??





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  • ajju
    03-19 11:36 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    I selected a new PIN... It didn't ask for my 2006 PIN.. I didn't remember last years PIN also.. So with AGI=$0 and new SSN.. you filing should go thru...



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  • eb3retro
    08-08 07:33 PM
    ^^^^^





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  • nixstor
    09-17 02:09 PM
    Paskal,

    That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.





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  • reddymjm
    04-24 09:32 AM
    Good Question. Why no one from IV posted that yet?





    ca_immigrant
    02-11 12:08 PM
    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!





    kaisersose
    07-27 02:37 PM
    Hi All,
    Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.

    Thanks.

    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.



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