Monday, June 13, 2011

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  • alforever
    04-04 02:11 PM
    Hello Everyone, I have one specific issue.
    My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
    Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?




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  • asphaltcowboy
    05-13 10:53 AM
    cybergold gets my vote, well... he would have, had I got here in time! lol! :beam: well done to everyone, some great entries :smirk:




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  • GCBy3000
    07-30 05:16 PM
    If they dont have the option of having old one till Aug 17th, then they made mistake as usual. They will pull this new one down tomorrow or later or they will keep the old one in parallel with instructions for the July beneficiaries.

    Do not worry much. We know how USCIS works.




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  • Gotens
    09-02 04:49 PM
    hello :D

    the best way to handle archives done in photoshop is PNG, in the window of your library you can modify the file as you like

    for vectors use illustrator, in flash you can open the archives directly (importing like .ai or .eps)... if you use corel draw, exists and exporter to SWF you can find it in the site of corel



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  • rkumar28
    10-22 10:32 AM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.

    Hi Prashanthi/Attorneys/Experts,

    I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
    Your advice is helpful.




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  • NKR
    11-11 11:24 AM
    I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.



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  • HRPRO
    02-25 10:39 AM
    I am also looking for answer on this..Anyone please??

    The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

    And not to affect your long term stay in the country, it is better to leave the country immediately.




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  • macrosky
    07-07 06:53 PM
    My new empolyer has filed h1b transfer for me using premium processing. The package was delivered to USCIS last Monday. Because my employer's email address is too long, the last 2 letters of the email address "om" (should be ".com") are missing in the printout. I found this after the package was sent out. We have not heard anything till today (7 calender days after the last Monday). Is this normal?



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  • clockwork
    08-26 01:09 PM
    Clockwork : Yes I am talking about LUD on approved
    I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....

    Yeah. Best of Luck. I believe, most of the cases submitted on July 2nd will be receipted before this month end. Thanks -




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  • starving_dog
    09-01 01:29 PM
    shows how sexist I am, I thought she was a he. My apologies to the Berkeleybee. I have since edited my original post.



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  • jsb
    09-07 09:26 AM
    Hi:
    ...
    Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...
    Gopi

    Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.

    Did you say in your second application that you were doing so because your checks on original application may be bad?

    In any case, USCIS system should not allow to accept an application the second time.




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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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  • go_guy123
    03-01 04:23 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.


    At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
    PR and cannot renew the PR card.




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  • DSJ
    07-06 01:01 PM
    Do you guys forget they recaptured used around 100,000 in FY2005.

    The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.

    If they recapture from 1994 to 2006, then we will get 216,000 EB visas.



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  • webm
    08-08 07:21 PM
    So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?


    No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com

    08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum




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  • ajp5
    02-25 12:56 AM
    Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.




    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
    If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
    Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
    I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.

    Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice

    Thanks a lot for your time. I appreciate your help in this regard.



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  • REEF�
    05-24 08:30 PM
    Sheesh someone is in a hurry :|!




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  • sagar_nyc
    08-15 11:28 AM
    Ramesh,
    Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.

    My advice to you is consult with good attorney.


    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.




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  • lbk
    08-02 07:47 PM
    I got I-140 Notice returned as undeliverable.

    I got email notification on June 26 as approved and we will mail it to you.
    After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.

    I have a question the letter attorny got is pdf file or original by mail(post).
    Who will get the I -140 aaproval original letter?




    boreal
    07-28 03:53 PM
    I got the LUD on last year's approved AP too on 7/27..wonder why on an approved AP..(PD Jan 06)..maybe because i had applied for its renewal...or maybe a mass system update, as it occured on a Sunday. Dont think we can read anything into such LUDs..only LUD that i would believe in - 'Your 485 has been approved and you are a free man!!!' :-)




    jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.



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