Kamis, 09 Juni 2011

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  • m79
    08-03 05:02 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.





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  • lonedesi
    01-09 01:57 PM
    Is anyone's I-140 being processed at Vermont Service Center? Any updates from that center, regarding processing, transfer of case from VSC to TSC/NSC? Please post updates.





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  • desigun
    04-26 05:41 PM
    Only yesterday i called up to check for my mom, who will be coming to US from India. The CS rep clearly told me that she is allowed 2 X 50 lbs and 1 Carry on (18lbs) in her journey.





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  • miteshm
    07-21 04:03 PM
    I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.

    Thanks,
    Mitesh
    Hi,

    I have absolutely the same story happened to my wife.
    I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
    Called USCIS on October, November and December 2007. No results.
    Took Infopass on January 2008. We were told that we have to apply for a new one.

    On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!

    On June 2008 we received new AP with Start Date September 2008.
    My wife need to travel on August 2008.

    I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.

    I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.

    Any suggestions?

    Misha

    I485 EB3 filed on July 2, 2007
    PD: December 2005



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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.





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  • Better_Days
    12-21 01:45 AM
    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.

    As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)



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  • javadeveloper
    07-18 10:08 PM
    found this one too

    http://candleforlove.com/forums/index.php?showtopic=14653





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  • Sunx_2004
    02-02 12:09 PM
    I agree it has slim chance but I think it is a positive sign and if it works in our favor why not support it.

    cheers
    No way this amnesty would pass. This will end up in the ash heap of unpassed bills.



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  • mhtanim
    01-29 07:34 PM
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

    Some help here will be highly appreciated��.thanks in advance

    In October 2007, your PD was nowhere near current:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

    Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.

    The I-131 denial was most likely a mistake by the USCIS.

    You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!





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  • mheggade
    12-12 04:39 PM
    DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).

    :)
    I work for Federal agency as contractor I know very well how things work during the holiday season.

    Happy long long holiday's you all.



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  • chanduv23
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.

    Like in said my earlier post, employer can not ask for kind of employment authorization.


    ________________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.

    If that is the case, what about employment websites? Maybe they need to be notified to change their options?





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  • blackberry
    07-30 01:59 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB



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  • Mahatma
    02-19 09:01 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.





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  • atlgc
    11-09 09:32 AM
    the attroney preparing with masters plus 7 years experience

    he says not every application get audited but there are chances

    per him its not post masters years ,its over all experience



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  • satya1234
    03-29 08:49 PM
    Thanks you very much for the reply.I appreciate.
    Yes, Thats perfectly right.
    Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).

    Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.





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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.



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  • gcisadawg
    03-27 01:16 AM
    There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.

    u bet! :)





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  • ultimo
    07-16 07:41 PM
    I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
    Now i got the AP document but the date issued is october 12 2008 to october 2009 .
    But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .





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  • like_watching_paint_dry
    02-27 01:51 PM
    I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.

    This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.





    mhtanim
    01-29 07:34 PM
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

    Some help here will be highly appreciated��.thanks in advance

    In October 2007, your PD was nowhere near current:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

    Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.

    The I-131 denial was most likely a mistake by the USCIS.

    You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!





    h4visa
    07-27 01:26 PM
    what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.

    -M


    what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply



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