Friday, June 10, 2011

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  • srinivas72
    02-03 09:31 AM
    H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension..

    H1B Extension Information
    Regular Processing�
    My Extension filed 07/21/2009
    I94 Expired 09/29/2009
    Received RFE 09/xx/2009
    Answer RFE 10/27/2009 (Within time)
    Denied 01/13/2010
    Note: - I worked for same company from past 3 years.

    H1B Transfer Information
    I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail

    Premium Processing
    H1B Transfer receipt date 12/31/2009
    Got RFE, 01/08/2010
    RFE answer date 01/26/2010
    Waiting for decision�

    Now I am working with new employer.
    Please let me know, if need any information from my end. Maybe it will help others who are in my situation.

    Thanks
    Srinivas





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  • webm
    12-17 02:35 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;
    .

    Well said..:D





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  • Siddharta
    01-10 11:23 PM
    I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?





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  • like_watching_paint_dry
    09-07 12:56 AM
    aiyo.. caal centers een india do butterr job of trraining weeth amreekan aaxent. that too een one month yonly at one tent the caast. they shud outsorce and use voip and doo enter-acteev training over yenternet. now heer is a phree busy-ness idea farr you. phorget new jerseey kaastly training.



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  • nshalady
    06-15 12:20 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Hi,

    After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

    Will we need to file for H4?

    Thanks,

    Ams





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  • LONGGCQUE
    01-31 08:36 PM
    DONE. Thanks for sharing. We all should take sometime and fill this form. Each individual voice adds and makes difference.



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  • rbharol
    08-30 12:29 PM
    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?

    May or may not be.
    That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.





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  • veni001
    12-28 11:07 AM
    To get H-1 extension you need to have one of the following
    Approved PERM labor (not expired)
    PERM labor pending for 365 days or more
    Pending I-140 or
    Approved & "Valid" I-140

    If you can not produce any of the above then "no" H1 extension beyond 6th year.

    On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.


    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR



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  • GCSOON-Ihope
    10-17 02:15 PM
    This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?

    Thanks!

    This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:





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  • GCKarma
    01-12 01:41 PM
    wht is WOM?



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  • wandmaker
    06-13 10:46 AM
    Call USCIS and tell them you have not received your green cards yet..

    Do not give any incorrect directions.

    TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.





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  • reverendflash
    10-21 04:15 AM
    I'll be good...I promise... :x

    Truthfully, the Angels played a heck of a game tonight, they deserved to win... We tried real hard, but they still beat us...they almost beat us last night...

    Rev:elderly:



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  • rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.





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  • yogirajd
    11-10 02:00 AM
    Have you done a fulltime MBA from India?
    Yes



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  • <--JAX-->
    05-04 04:58 AM
    they were all excellent :tie:
    *jax wishes he could do stuff as good as that*
    but in the end cybergolds shinyness won it for me
    :) :) :)





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  • looneytunezez
    02-04 11:00 AM
    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.

    i dont think spill over rules state that it can be applied to any specific country of chargeability.
    It is applied on PD basis, so if PD for EB2-China is before EB2-India applicants, they will get the spillover. But the fact that # of applicants in EB2-C are lower than Eb2-I, EB2-I should get more beneficial spill as long as its done horizontally and not vertically.

    Based on my understanding, i agree that they will apply spillover in Q4 (in theory).



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  • willigetgc?
    09-24 10:33 AM
    Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....





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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks

    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.

    Thanks





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  • smisachu
    01-12 03:53 PM
    I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.

    Please advise if I-94 has to be renewed or am I good as my H1 is valid.
    Thanks





    ameryki
    04-19 11:44 AM
    This is from reading in other threads here, if you switch to EAD and give up your H1 status you can no longer go back to the same H1 petition. You will have to apply for H1 again and then be part of the H1 lottery. Again this is my understanding I am not a lawyer.





    sanju_dba
    10-29 03:11 PM
    There is no TDS for any funds held in NRE savings or CD accounts.
    Sorry for not putting that in. Thanks!
    Update : TDS applicable for NRO / Ordinary type of accounts.



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