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  • amulchandra
    01-16 08:19 PM
    I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?

    Thank you very mcuh for your inputs.

    amulchandra





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  • FinalGC
    05-01 10:02 AM
    You may be able to reopen the old case, provided the old emploer has not sent a letter to USCIS stating the intent to not persue......if not talk to old employer and lawyer....they may ask you to pay some money for it.....eventually, you may need to work for them for at least 6 months, after getting GC, which will get you legally correct in front of USCIS.

    The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.

    I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.

    All the best.





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  • waitnwatch
    05-30 01:36 PM
    I understand if someone was stuck in BEC, we all got s****ed with that.
    But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.

    PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.

    I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.





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  • roseball
    07-12 04:29 PM
    Mine was an e-filing. However my FP scheduling was quite weird.
    I had my FP scheduled for 11/13
    but my Card Production was Ordered on 11/12

    I still went ahead and gave my FP on 11/13.

    Thanks gc28262.

    Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.



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  • nyckings
    10-15 03:41 PM
    Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.





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  • werc
    10-09 12:12 AM
    I am assuming your lawyer meant that the H4 status could be reclaimed if necessary. As soon as one uses EAD the non-immigrant status gets lost.


    Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.

    Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!

    Please help me, my husband also has no clue..



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  • baburob2
    02-16 01:17 PM
    Hi Logiclife
    The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.





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  • askreddy
    08-16 05:08 PM
    Hi

    The same happened to me in Oregon. Though they have all immigration information about me the person is not able to see/understand and asked me to come after 10days.

    Normally they take 5-6 days if they are really expecting some info.

    Try calling after few days and check with different officer. Not all of the DMV staff are trained to understand all aspects of immigration.

    Thanks



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  • blacktongue
    01-20 11:22 AM
    EB3 kicks ass!!! So does EB2. :D

    If they are so good, Show the list of names.

    Any EB3 started big company after getting Greencard? Any EB3 invented after getting Greencard?





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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.



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  • Dhundhun
    11-18 12:52 PM
    I have heard that your FP/biometrics does not have anything to with EAD.

    USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)





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  • needhelp!
    08-31 12:32 AM
    We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...



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  • roseball
    10-15 04:07 PM
    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.

    Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.





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  • vicks_don
    04-18 10:34 AM
    I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
    Thanks.



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  • jvs_annapurna
    04-20 02:32 PM
    Hi guys
    There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
    Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.





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  • msp1976
    10-16 10:14 AM
    What are you saying? Health Services dismal? I thought it was better than US in many aspects. The cost is cheap for treatment (unless you have some uncommon disease. Since the system is churning up so many doctors, there is a lot of competition. Even in small villages you will find many doctors competing for patients. Maybe that is not true for everywhere, but that is what I have seen in my home state Haryana.

    Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO

    You can get reasonable education and health care in India if you are in the top 10% income range. You can get reasonable eduction and health care in US if you are in the top 50% income rage. That is the main difference...



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  • sam_hoosier
    09-16 04:18 PM
    Done.





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  • anindya1234
    06-01 02:35 PM
    But it does increase the GC quota which will substantially hasten the process





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  • frostrated
    10-26 01:41 PM
    Is there is any way can we see the data.
    is this what you are asking for?

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf





    Rb_newsletter
    10-07 04:54 PM
    pls make sure if they coem to your office you should atleast have a copy of your paystubs


    It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?

    Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.





    joydiptac
    08-06 11:58 PM
    Article is excellent. Thanks for sharing.
    A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.

    If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.



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