Tuesday, June 14, 2011

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  • krishna_brc
    02-18 12:46 PM
    My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..

    If you get salary in INR which is credited to your Indian Bank A/c
    then you should be fine.

    If you get salary in USD credited to US Bank A/C then its ILLEGAL.

    Thanks,
    Krishna





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  • gveerab
    07-30 01:07 AM
    Thanks a lot





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  • alparsons
    February 15th, 2005, 02:25 PM
    38mm is still very much in the "normal" range for a 35mm format. The usual guidline has been that the focal length of the "normal" lens should be approx. the same as the film diagonal. If you were to crop your image to 8 x10 proportions from a 35mm image the diagonal would be 38.4mm.





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  • realizeit
    07-28 10:27 AM
    For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.

    I sincerely would like to contribute at least $1000 to IV, when I receive my GC.

    So far..

    One Time Contribution - $100
    Recurring Contrib Since OCT-07: $50



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  • silvinhaphn
    05-05 02:32 PM
    I saw the notice on the website that my AP was approved but I haven't got even the approval notice yet, I thought It was strange. It was like that with you guys? Do they send the notice together with the card?





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  • JupiterTransit
    08-26 02:04 PM
    I-140 Premium and I-1485 filed concurrently at NSC on June 29th. Received July 2nd. No clue if checks are encashed.

    PD: Nov 2002.
    H1-B 7th year expiring Dec'07;
    8th year extension filed.

    Any one in the same boat?



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  • prince_waiting
    08-30 04:36 PM
    Hi IVians,
    I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.

    Thanks





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  • kk_kk
    07-30 10:33 AM
    do you have someone to receive your mails at address 'X' ? post office does not forward letters from USCIS. they will be sent back for corrections .



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  • vicks_don
    10-17 02:25 PM
    Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.





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  • sonu9
    08-01 07:56 PM
    hi thank you once again.

    my project is not that much long term project . after completing project again i have to go for " X " location only . In this recession time getting project in same place is very tough and then for every project we cant move our whole family but we single persons can adjust and stay with some friends in that project location.

    I said i moved not we all. sorry for that i might have tell you clearly before . i thought if i write everything its looks like bigger matter. so for suggesting me some guys cant take that much time to read full thing. so i mentioned only important things. anyway i really appriciate your good efforts . thank you.



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  • stuckin140
    01-31 09:27 AM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.





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  • cleopatra
    08-27 08:08 AM
    I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

    I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?



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  • hopelessGC
    08-18 04:26 PM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.

    This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.

    I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.

    AR-11 is mandatory so please file it.





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  • rgpr
    03-28 06:19 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Thank you very much for your help.



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  • sertasheep
    05-30 05:14 PM
    Thats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
    (including the core team.)

    This is a great achievement. I deeply respect the involvement and the efforts of the core team members.

    :)





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  • mita
    09-30 06:13 PM
    FIFO must be based on PD and not on I-485 application receive date, I hope you meant the same.
    there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...



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  • somegchuh
    11-01 05:53 PM
    Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?





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  • nish2006
    04-27 08:52 AM
    Dear All,

    I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:

    a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
    b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
    c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
    d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
    e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?

    I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.

    Best Regards





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  • singhsa3
    07-12 10:19 PM
    See my answers in red
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    It will need change in law. Cannot be done without senate and congress approval
    2. Medical tests are going to be valid indefinitely
    Possibily but cannot be a big news, especially if we are talking about near term good news
    3. Ppl who've worked for X years automatically can apply for I-485
    It will need change in law. Cannot be done without senate and congress approval

    5. All can apply as per the old bulletin
    Already ruled out
    6. ????
    Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
    cmon guys help me with this.i'm running out of ideas..:D





    logiclife
    02-27 10:59 AM
    CSpan should have it live on one of the 3 Cspan channels.





    gcisadawg
    09-09 02:57 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    If you enter thru AP, you would become a parolee. You can use H1B to continue to work for the GC sponsoring employer. After your return, If you file an extension or your H1B is amended or transferred and if that petition is approved, you would re-gain your non-immigrant H1B status.



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  • kishdam
    03-09 08:25 PM
    G-28 is for attorney representation - if a registered attorney is representing an applicant we give the authoraization so that USCIS deal directly with attorney. I am not sure if there is anything like "G-28 Self". In case where we already filed G-28 and gave authorization to one attorney - changing it to another attorney seems a bit straight forward - send a new G-28 and request to supersede it with earlier one. But just cancelling the earlier one so we represent ourselve seems a bit grey. But its just my understanding if anyone has done self representation and successfull changed G-28 - please let all of us know.

    (Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)





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  • msyedy
    12-14 09:26 AM
    while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.

    We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.

    We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.

    This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.





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  • lkapildev
    01-15 04:59 PM
    http://immigrationvoice.org/forum/sh...ad.php?t=16684





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  • gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.



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  • chi_shark
    12-02 10:11 PM
    ya i replied. I am sure no one is looking forward to paying taxes. Even those who make more than $1 million a year.

    o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...





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  • asdfgh
    11-27 11:58 PM
    Finished FP this morning. Got LUD on 485 45 mins after FP completion. Status language changed from

    "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"

    to

    "On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"

    Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.

    Any thoughts???



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  • kbsyed61
    04-07 05:35 PM
    Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

    My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.





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  • waiting4gc
    07-17 08:46 PM
    Some lawyers ask for bank statement and w2s and file I 864 with GC to show proof that you can support your dependents(if you have any). Ideally I 864 is only required when you file Family based GC.

    Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.

    There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.

    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?



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  • chi_shark
    05-07 11:21 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...





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  • rajeshalex
    09-25 02:07 PM
    try work from home jobs. Since you have filed 485 there wont be any out of status issue. If your 140 is approved and EAD is valid you can work full time /part time or sit without any work.



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  • crystal
    07-06 11:03 AM
    Your id reminded me of old cult movie "clockwork orange".

    Please dont open new threads bro ..





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  • kumaabh
    01-09 12:16 AM
    dude post problems in threads in correct english.



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  • jonty_11
    07-06 01:33 PM
    If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
    no Condi and USCIS Chief just take those #'s and shove them down the toilet..





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  • sidbee
    04-29 09:59 AM
    I truly believe India IS a developed country.

    Sorry , wont agree with you.

    It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.



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  • gsc999
    09-21 07:00 PM
    Thanks! guys.....All in the same boat then....Screwed.....
    ---
    Harish, you now know the "problem."

    People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.





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  • desi485
    01-08 12:55 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?



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  • beibei2929
    05-15 02:08 PM
    Thank you, sunny!
    Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.





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  • horscorp
    03-09 01:49 PM
    Hello Ann,

    Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?

    thanks
    horscorp





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  • natrajs
    02-10 04:14 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Congrats and Best Wishes

    Your H1B extension request will be automatically denied and you don't have to worry about.

    its been a long wait, Congrats again





    waiting4gc42long
    08-11 01:14 AM
    retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..

    I would say file it together.. thats the best..

    He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.





    americandesi
    05-19 02:34 PM
    AC21 letter can be sent to USCIS, but as everyone says its not a must.

    AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.

    In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.



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  • GCcomesoon
    05-05 11:21 AM
    Hi

    I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.

    I would appreciate if someone could give everyone very clear picture of what going on ?

    Thanks
    GCcomesoon





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  • raj3078
    07-12 10:16 AM
    just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu

    I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)





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  • horscorp
    02-06 01:21 PM
    Hi Ann,

    Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.

    Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?

    thanks again!

    horscorp


    Hi Horscorp,

    It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.

    Ann





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  • plassey
    09-06 09:02 AM
    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    Confirm this point with your lawyer as I thougt it would be counted against the quota.



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  • morchu
    05-04 12:50 PM
    NO.
    [QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]





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  • apahilaj
    09-17 08:02 PM
    Hello all,

    I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

    Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

    Should I call USCIS or wait?

    Any suggestions are welcomed...

    Thanks.



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  • Munna Bhai
    11-16 04:03 PM
    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?

    same question I wanted to ask?? Any inputs??





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  • copsmart
    02-10 09:30 PM
    Congrats!

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.



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  • HawaldarNaik
    12-17 04:42 PM
    Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....





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  • prince_waiting
    08-30 04:36 PM
    Hi IVians,
    I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.

    Thanks



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  • gcdreamer05
    12-02 10:31 AM
    Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.

    Bottom line, USCIS=random!


    Could you please share how you filed SR, my h1 extn is pending for 92 days.





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  • kc_p21
    06-16 05:58 PM
    Chi_shark for your response.

    According to my lawyer, I can go on vacation (paid or unpaid) during the gap.

    Thanks



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  • GCBoy786
    10-08 03:54 PM
    We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?

    I-485 receipts from NSC.

    Most of my friends LUD is updated within 2 days of giving finger prints.

    Please post your experiences.





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  • geniousatwork
    08-14 01:22 PM
    Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.



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  • countdrak
    11-01 01:01 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.





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  • bp333
    11-04 12:49 PM
    Remind me again, why do we pay these attorney big dollars for??
    This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

    Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.



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  • va_labor2002
    10-27 03:44 PM
    I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.

    Any update on this ? Did he answer any legal immigration questions ?





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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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  • HRPRO
    05-05 10:11 AM
    Thank you. I will give it a try.

    so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.

    We can even say yes she had it but lost it over there so i mail her the document. right?

    Once AP is approved, you can travel and have someone here send it to you. I have personally done that without a problem. I left the country and a friend of mine brought the document. A couple of my other friends followed my example, travelled without the document in hand and none of us have had a problem.





    gcdreamer05
    11-04 11:23 AM
    Hey this is good news, atleast the crowd will get reduced in chennai consulate :)





    bestia
    07-25 04:23 PM
    Let's donate our blood, then our kidneys, then our hands, legs. If we can't immigrate as a whole, let's then immigrate part-by-part ;)