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  • gc_in_30_yrs
    11-12 12:52 PM
    it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also

    Thanks for your input. So, the pay stub that you submitted, was it from your previous employer, or the one you got your visa transferred to? Hey, if you don't mind, can I have your lawyer�s contact details?

    sure. i will PM you.




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  • dilbert_cal
    07-05 03:09 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.

    If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

    However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

    To be on the safe side, it doesnt hurt to file a new labor and port your PD.




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  • go_guy123
    05-19 03:50 PM
    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.

    Exactly the point. Years of H1B and B1 abuse by IT consulting vendors have brought to this
    state.

    The case of DSK , IMF ex-chief proves one teh point. I go agree he is innocent until guilty.
    But yes he had lots of problems with women in the past....and got away because all were in Europe.

    US is different and what looks like a minor issue B1 sent to work like H1B eventually gets the spotlight and faces severe crackdown.




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  • cbpds
    06-25 05:58 PM
    Well dont you work for less?.....based on the market rate?

    Remember $8 per hr is tax free as well

    jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.

    I can throw in some numbers for Washington, DC area. For a family of 4.
    Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.

    So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.



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  • a_yaja
    02-17 09:32 AM
    I have a couple of questions:
    1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
    2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

    thanks.

    I mentioned the following:
    "Need to visit family in home country from time to time given the long adjudication process for I-485"

    For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).




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  • waitingnwaiting
    02-11 12:00 PM
    I suggest IV not sharing any more information to free members like us. Sensitive information should not be shared. Even anti immigrants read our forums. We will know if IV thinks it is okay to share. Let people who give their time and money to IV to help us have it as an incentive for helping all of us. Getting a bill passed is more important than knowing about the bill.



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  • gc_chahiye
    10-03 03:10 AM
    so when is a visa no. allocated?
    say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?

    visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...




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  • brb2
    08-09 11:14 PM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.



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  • rahulpaper
    11-12 03:39 PM
    Rishikesh,
    How long did it take from RFE response to approval?
    Thanks in advance

    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94�s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]




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  • sanju_dba
    08-13 02:48 PM
    Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
    This is pure B.S. politics....

    Thats - "andar pareshani bahar shervani"



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  • americandesi
    06-17 11:48 PM
    There is an option in US Greencard called “Commuter Permanent Resident Card”. Refer the link below for more details
    http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf

    This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.

    (ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.

    The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.




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  • chem2
    07-21 01:23 PM
    i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
    -----------

    guys, until yesterday, i was in the same boat as all of you.
    i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
    asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).

    finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
    then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.



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  • immigrationvoice1
    12-09 10:00 PM
    I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.

    Please post the URL of the school you are attending.
    Thanks,




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  • siravi
    08-24 10:24 AM
    Listen Live: http://www.wpr.org/webcasting/live.cfm

    Call in: 1-800-486-8655
    or 227-2050 in Milwaukee



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  • hpandey
    06-02 04:17 PM
    can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.

    the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.

    As Kaiserose pointed out the H1 quota is done for the year and will not open till April next year and start in Oct 2009 . Considering that you do get an H1 for your wife next year , make sure that she is working coz while applying for her I-485 they might ask for W2's and paystubs for her ( an H1 person cannot be without pay for such an extended period of time ).

    Going on F1 is a good idea but I think for that you have to go back to your home country and get it stamped and come back ( can someone confirm this ?? ). This new regulation was put in place due to the security measures after 2001 . But best confirm with your lawyer.




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  • royus77
    07-05 08:40 PM
    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.


    Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

    one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .



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  • immi_seeker
    07-13 08:19 PM
    I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
    You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck

    thanks




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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.




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  • lonedesi
    11-16 05:28 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...




    gsc999
    04-15 01:54 PM
    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen.

    abby
    ----
    Senthil for once I agree with you :D Tell me who moved my Cheese!

    abby: GC to citizenship, lost job eh!
    US law doesn't permit discrimination in employment based on race or Country of origin.

    There are many websites that advertise jobs in India, depending on your situation and goals. Send me a PM with your resume and phone number, I will try getting you a job in India. Average pay scale is thousand dollars/mo and commute time in 3 hours. I am sure, those are non factors because you so sincerely desire this.

    Also, I would recommend taking a break from this all and think about your future plans. I am not sure how young you are, there is a call for surge in Iraq for our troops. It is perfect time for a citizen to show his patriotism. I heard sign-up bonus is amazing :-) I was planning to volunteer, they refused me because I am a prospective legal immigrant. I want to contribute but can't, I feel bad.




    mzdial
    March 15th, 2004, 01:37 AM
    I'm guessing this topic was spurred by my post about the cameras I carry.. :-)

    I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.

    It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.

    I'll take a couple pictures with it and post it here tomorrow when I get a chance.

    -- Matt



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