Tuesday, June 7, 2011

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  • jimcourier
    06-04 04:36 PM
    Hello Folks,
    I have a very urgent situation and would really appreciate your help.

    Background :-
    H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
    I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.

    But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.

    Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.

    I have to leave for India on Saturday for my wedding next weekend.

    My possible scenarios :-

    1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?

    2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?

    3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.

    Can someone advise ?
    My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?

    Thanks, and keep up all the good work.

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  • kmkanth
    08-06 07:08 PM
    LUD on I-140 on July.13.08

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  • cr52401
    08-27 02:22 PM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!

    I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?

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  • sathyaraj
    10-26 03:36 PM
    I got my AP approved. We were not asked for any such proof.


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  • salaryVictim
    06-11 06:15 PM
    Dear Friends,

    Thank you for your claification. As suggested I have posted a registered post (politely writing him the facts and the continued attempt) to him. Knowing his attitude I decided to do some research on DOL. It looks like we can only call DOL thats located in Michigan. Because thats where this Unscrupulous employer is located.

    Kind Regards

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  • delhikadesi
    05-03 10:00 AM
    thats bad to hear beautiful mind..
    sometimes we say things without the complete context...

    in that case you deserve to be eb2


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  • kumsoft
    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006

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  • perm2gc
    07-13 12:08 PM
    I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11

    Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
    what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.


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  • akela
    03-11 11:32 AM
    Thanks buddy. That was the answer I was looking for.

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  • mjdup
    12-14 11:35 PM
    OK, I will just call them first thing tomorrow morning to see if I can get admission. May be after that I will get in touch with you and we can approach him as team, will that work?


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  • haider420
    02-22 03:47 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

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  • GCnightmare
    08-28 05:33 AM
    I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks


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  • indigokiwi
    05-20 03:32 PM
    What exactly does "OP" stand for?

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  • s416504
    08-13 08:26 PM
    I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.


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  • gc_chahiye
    08-14 06:18 PM

    Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.


    yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.

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  • yabadaba
    07-18 11:00 AM
    i google checked out $100... lets all do this....think of it as 3 flower bouquets to IV.. plus no shipping charge.

    lets all contribute!!!!


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  • dummgelauft
    06-15 12:40 PM
    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.

    Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.

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  • a_yaja
    03-07 03:34 PM
    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
    Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.

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  • chanduv23
    09-15 06:41 PM




    10-30 11:07 PM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).


    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..


    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.

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