Sabado, Hunyo 11, 2011

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  • gauravsh
    05-04 09:52 AM
    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.

    Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?




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  • logiclife
    12-20 11:38 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?




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  • amitjoey
    09-13 03:46 PM
    The chances this time are NONE. The chances in the session after November elections are better but still slim. It will most likely be taken up in spring or summer of 2011.

    For us the chances are always slim because:
    1) We will keep bickering and fighting amongst ourselves
    2) We will not go and talk to the legislative offices to make them understand our problems and issues.
    3) If we continue to not stand up and be counted.

    We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.

    If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.

    So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.




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  • thomachan72
    09-17 09:22 AM
    For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.



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  • SREE_485
    08-09 02:01 PM
    I am new member and will appreciate anybody clarifies my concerns regarding my I-485 filed on july 2nd.

    My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.

    I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.

    I didn't give attorney info on any of the applications except on G-28 FORM.

    BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.




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  • JunRN
    07-16 11:05 PM
    I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?



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  • hersheygaile
    09-10 12:13 AM
    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them




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  • sandy_anand
    02-28 08:31 PM
    So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?

    Goa and Pondicherry are states now.

    It is difficult without knowing the meaning of dependencies and how it is defined.

    Pondicherry is still a Union Territory.



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  • reddy77
    08-10 06:16 AM
    Good to know and thanks for the update and hope your parents are doing well ...




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  • RDB
    09-16 01:37 PM
    There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.

    Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D



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  • anil
    08-18 08:37 PM
    I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.




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  • factoryman
    06-18 01:08 PM
    I doubt it. As far as I know only HIV from the blood drawn. I will look into the copies the doctor gave me.
    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.



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  • dilber
    12-04 05:51 PM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.

    Can some one please provide me with the phone number I can call the IO at. thanks in advance




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  • satyasaich
    12-05 05:38 PM
    Since lot of baby boomers are set to retire, any thing can happen.
    Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
    I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
    I bet they won't let a VB programmer in!!!



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  • Anil_s
    07-20 10:19 AM
    Thank You.




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  • kumhyd2
    05-19 04:51 PM
    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.

    I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.



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  • h12gc
    06-25 05:52 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc




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  • rvenkat1976
    04-09 08:46 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?




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  • newbie2020
    10-05 11:40 AM
    Yes if someone followed closely on EB3Chinese website you would notice they filed a class action suit and still going back n forth with USCIS on that. I would certainly appreciate the Transparency of EB3Chinese on money being spent on lawsuit as well as taking lead on filing a lawsuit.

    If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc

    Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.




    nkavjs
    09-26 01:11 AM
    I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
    wow..I hope this is true. Pls. let me know.
    Thanks
    RPH




    boston_gc
    01-25 05:49 PM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!



    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.



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