Sunday, July 3, 2011

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  • smisachu
    10-14 11:34 PM
    I am in the same boat. My 7-9 yr extn will be up in December. My PD is Dec 2005 EB2. I would like to apply for 3 yr extn of H1. I am thinking if I should just renew my EAD instead of renewing my H1. Also what would be the filing fee for H1? $320 or $320 + $1500?

    Thanks.


    My Green card is in the processing and I-140 was approved


    in Dec 2007. The priority date is in Jun 2007 and EB2 category. Applied for renewal of EAD and AP recently.

    I am on H1b and it is due for renewal in 3 months. I will be on H1b for 4 1/2 yrs by that time.
    I hope h1b will be issued for 3 yrs since pending 485 for more than a year.
    I think renewing is helpful just in case if there is any issue with 485.

    1. Is it worth to renew H1b?
    2. How much will it cost to renew H1b?
    3. Since the h1b is issued for 3 yrs based on pending 485. If any issue with 485 will it impact H1b?

    Thanks in advance.




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  • smartboy75
    08-25 04:51 PM
    Hi all

    I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.

    Looks like eccessive status calls have caused this.

    Has anyone still been able to use the POJ method today and if yes can u pls post the details ??

    Thanks




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  • Gravitation
    08-17 11:20 PM
    You are fine. Have no worry and have a good trip. Use your H1B to get back.




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  • amitjoey
    01-04 11:21 AM
    Dear Vatsa,

    I'll tell you what it takes.

    It takes strength, both in membership and money. And the former helps bring the latter.

    Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).

    Encourage others to participate in the Add ONE Member campaign started by IV.

    Thank you.

    Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.



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  • donsimahajan
    06-22 09:27 AM
    totally agreed.




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  • aarzoo
    01-14 12:52 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?



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  • raja_san
    05-20 12:00 PM
    Thank you all for the reply and the information.

    So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?

    Thanks.




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  • nozerd
    01-19 03:34 PM
    Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.



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  • sushilup
    09-28 12:41 PM
    ANY ONE ON THIS PLEASE



    Hi Guys,

    I didn't find such a thread in my search. If you thing there is already one please delete this.

    I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.

    My I 485 transfered from TX to CAL and now to NEBRASKA.

    131 AND 765 says received and pending at California

    package was received at Texas on 23rd July and Cal center issued notice on Sep 24.

    Please let me know if anyone has similar case.

    Thanx.




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  • wandmaker
    01-14 02:58 PM
    Good Afternoon:
    Quick question.
    I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
    Any one that all ready this step pls advised.
    -Do I need to fill out a Labor form again or just I-129 to USIC ???
    Thanks for any info.

    Your company has to obtain Labor Condition Application for H-1B & H-1B1 Non immigrants (LCA Form ETA-9035E) and File I-129 along with the supporting documents.



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  • rockstart
    03-31 01:30 PM
    I was in same situation, My Labor & I 140 was approved before I got married and at the time when I was applying for my wife's H4 visa and we answered it NO since none of those applications had her linked any where.


    Hello,

    My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions

    1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process

    2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
    Petition Receipt #
    Petition Expiration date
    Petitioner Name: I assume it is my company name

    Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?

    Please advice

    Thanks,




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  • americandesi
    02-01 01:22 PM
    Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be

    Z -> New Vendor -> Y -> X -> You

    On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.

    Refer the following thread
    http://immigrationvoice.org/forum/showthread.php?t=12185



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  • austingc
    04-30 03:05 PM
    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
    thank you wandmaker.




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  • ronnie0479
    09-19 07:33 PM
    How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.

    Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.

    Ronnie



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  • Blog Feeds
    10-05 09:40 AM
    What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...

    More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)




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  • CrewNYC
    09-25 01:51 PM
    Didus really helped me out, thanks!

    Andrew



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  • Beasle
    07-11 07:28 PM
    My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.

    From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.

    My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.

    As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.

    Questions:
    Recap eligibility
    - Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
    - Do travel dates also count or only full days abroad?

    Recap filing
    - If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
    - Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?

    Filing after PERM approval
    - What are the next filing steps if I get my LC approved before / after October or December?

    My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?

    I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?

    Thanks for any tips and advice.




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  • dealsnet
    06-03 10:49 AM
    Send RFE reply with USCIS approved doctor's letter to explain the details. Only medical expert can comment about the vaccine. No one can impose vaccine if it is not appropriate with the age.

    I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.

    Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24.

    Thanks.




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  • AirWaterandGC
    06-07 08:27 AM
    thanks shan74




    missourian
    06-25 05:18 PM
    Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.

    IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending

    Am I correct?




    kondur_007
    07-12 04:06 PM
    For Nov 2005 PD...how long before we can get GC

    Technically you have to wait till Aug 1.
    Chances are, you will get your GC sometime in early August :)
    Good Luck.



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