Saturday, July 2, 2011

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  • us_employee
    06-14 11:30 PM

    I have friend who was in US for 7 years (F1->H1) and moved back to India. Later, he came here on B1 for couple of times. What's the best option for him if he wants to come back to US to work full time.

    Thanks in advance.

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  • gemini23
    08-07 04:13 PM
    She was detained for five hours but not strip searched. Understandably she was upset by it."

    Wow. She was upset because she was not strip searched? :D

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  • satishku_2000
    06-04 08:26 PM
    I got the same kind of RFE , but the wage paid to me is much more than the proferred wage all along . But USCIS wants my company to prove that they have the ability to pay all the pending 140s .. Do you guys think I am Safe?

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  • ImmiUser
    11-26 07:25 PM
    Please call USCIS or better yet, take an infopass appointment.

    I can not take infopass appointment as I don't have receipt number. Alos, I called up USCIS and they informed me that it is taking longer time for entry and so far they don't see my EAD and AP entries in their system. Although they have received I-485 which was sent along EAD/AP. I just wondering if anyone come across similar sitaution, also does it make sense to file EAD/AP again without any further waiting ?


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  • pani_6
    12-19 03:50 PM
    Lets write to Rep Joe Lofgren ..that you got an inventory of houses and we are not given GC's to buy these unfair to the US housing market..

    Looks like what Mr alberto Pinto has been suggessting all along is comming true today...,%5Egspc,XHB,TLT,TOL,DHI,P HM

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  • smrryl
    01-07 09:19 AM

    I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
    Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.

    1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
    2. Had to visit india and need to go for stamping, how is mexico in my case?
    3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?

    Thanks in Advance.



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  • inderman
    09-23 09:28 PM
    Hello All,

    My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...

    Here is what i received as an email response to the Service Request today-

    The status of this service request is:

    The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

    Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.


    1. What am i supposed to do now?

    2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.

    Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...

    Thanks for all your help... These forums and community has been a great help all along!

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  • maddipati1
    04-08 03:04 PM
    it's catch-22 situation. its easy to get 797, but not VISA, entry to US and most importantly a job in this economy. same as housing, cheap prices, but no job security. not to state the obvious but, there is a reason why cap didn't reach in a day.

    a good idea though is, apply for H1, get 797 approved. Normally its for 3 years from Oct'09. But don't go for stamping for another year(not sure if u can wait on stamping) or the period legally allowed and don't try to come to US for another six months or the period legally allowed . So u can come to US in 2011, if its allowed legally. does any one know the law?


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  • CADude
    07-27 01:16 PM
    You are OK per Q25 of USCIS FAQ. Hope this help.

    Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.

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  • eeezzz
    07-17 02:12 PM
    Where do you guys see this update? link please. I can't find it anywhere.


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  • kanshul
    12-18 10:02 AM
    I am sure it is not enforcable...

    Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.

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  • cleopatra
    02-17 02:46 PM
    Ask yourself this question. Are your air miles worth more to you than getting your green card?

    There may be some members who will make it to the event if they get their tickets sponsored. While we can sit all day and talk about the reasons they should pay for their own tickets, lets keep that aside and get something done. At least they are willing to come if someone sponsored their tickets.

    To help these folks, donate your air miles. This will help to sponsor their tickets and make the advocacy day a success. it will move you closer to getting your green card.

    If you are willing to trade your air miles to get your GC sooner by resolving all the current issues, go RIGHT NOW and post your intention in the thread to donate your air miles. It is worth it.

    It does not matter how many miles you have, whatever you have, donate it today.

    Donate your miles and help yourself. DONATE NOW.


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  • vfx
    07-09 11:52 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?

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  • Stcuk
    10-31 07:02 AM
    Recently , a friend of mine who lost his job while on EAD had these questions.

    1. He has EAD and H1B both valid till 2010. What should he use to get a jbo, ead ot h1b, what are some of the good reasons to avoid using ead as ar as possible?

    2. Is he eligible for unemployment allowance.

    If there is any thread where these have been answered please direct me there. Thanks


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  • judex
    05-05 12:02 AM

    senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...

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  • Blog Feeds
    05-25 08:30 AM
    As the H1B season ( still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

    The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

    VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

    * Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
    * Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
    * Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
    * Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

    All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.

    More... (


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  • skbPad
    10-16 04:08 PM
    Hi Guys,

    On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
    My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.

    In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.

    I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.

    Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?


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  • Mogus
    09-28 09:50 AM
    Thank you very much for all your comments...This information is very helpful for me.:)

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  • jerez_z
    05-10 10:18 PM
    haha very nice :lol:

    09-19 11:35 AM
    Hello All,
    I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.

    From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.

    Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
    As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.

    Has anyone faced such a issue.

    Please share your experiences and views.


    09-14 04:23 PM
    I have an issue with my I-94 and need your advice on this.

    I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.

    I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?

    Could you please advice on my possible options on this issue?


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