Friday, June 10, 2011

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  • silvinhaphn
    05-05 02:32 PM
    I saw the notice on the website that my AP was approved but I haven't got even the approval notice yet, I thought It was strange. It was like that with you guys? Do they send the notice together with the card?




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  • nb_des
    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?


    A29 1. Sure. Here is the law:
    CHANGING EMPLOYER BEFORE I-140 APPROVAL
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    CHANGING EMPLOYER AFTER I-140 APPROVAL
    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.




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  • abingc
    08-16 03:22 PM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.

    I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?




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  • nirajnp
    09-05 08:41 PM
    Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Thanks



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  • gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.




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  • perm2gc
    08-24 05:21 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ? Check USCIS about the labour substitution and if they find that you are no fit then they may deport you... 500,000 people are in line and your post says you might be new one who wants to get in the middle of the line..CareFul Watch Out



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  • Bytes4Lunch
    04-09 03:16 PM
    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.




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  • rockstart
    05-05 09:09 AM
    As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.

    Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.



    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07



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  • nrk
    04-09 05:53 PM
    congrats




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  • gbof
    10-06 10:02 PM
    irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).

    I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.

    mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.

    My little daughter's got shuffled from TSC-VSC (NBC?) and after several months got a mail transferred back to TSC. I talked with IO twice, one time I was told they got it back in last oct and this evening I wanted to know if it is pre-adjudicated, IO said it does not show in their system....To follow it is so frustrating



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  • LC2002
    10-26 10:51 AM
    Guys,

    Please see my signature. Your AP should have been received by now or on the way. Please note that altough I received AP but USCIS status has not been updated yet.

    Good luck!!




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  • Jimi_Hendrix
    12-14 11:30 AM
    This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.



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  • coopheal
    12-17 03:30 PM
    Dates were current till 2005. USCIS and its previous incarnation didn't even finish cases from 2001. Even in 2007 all blow out sale they didnt complete older cases. Also all along they kept on wasting visa as well.

    Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.

    Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.




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  • gaz
    04-23 09:33 AM
    why not just a tracker? its something that will be needed until the gc is approved - and is a recurring question. the tracker could also provide stats about current approval rate etc.


    I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.



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  • punjabi
    07-28 01:12 PM
    $100 is way too less.

    If I get GC, I promise I'll donate $500 to IV right away!!




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  • ramboom1
    03-28 07:55 AM
    I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
    Virtual,

    That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.

    best,
    Berkeleybee



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  • raju123
    06-18 01:05 PM
    Ask for the copies and doctor will give copies of all reports.


    Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?




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  • GCwaitforever
    04-12 12:31 AM
    Why not use people who already agreed to volunteer before by looking at their profiles?




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  • vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies




    kumar1
    11-05 10:04 AM
    For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.




    cgs
    02-08 09:02 AM
    I think they(outsourcing companies) do and that's the abuse part of it.

    Sponsoring company should be a non-american company.
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.



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