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  • smartboy75
    07-17 07:30 PM
    Kindly reply to this thread so that it is always visible under RECENT POSTS just as a reminder to everyone ..





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  • Raj_2009
    01-14 07:50 PM
    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj





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  • yestogc
    11-17 02:30 PM
    the option I see is that you should get the responsibilities more clearly defined on your ex companies letter head if possible ............. if not then you can get the role details from your previous peers and manager, at each company.

    Act fast as this may take time





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  • ItIsNotFunny
    04-04 09:29 AM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.


    Ha ha ha.



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  • santb1975
    06-06 11:11 PM
    I will keep you posted.

    Admins / Folks,
    Any updates on this!

    06/06/2008: U.S. STEM Advance Degree Numberical Limit Exempt Immigration Bill Introduced in the Senate

    There is a bill pending in the House which was introduced by Rep. Zoe Lofgren of California which is similar to this new Senate bill which was introduced yesterday by Sen. Barbara Boxer of California. The House bill is H.R. 6039 and the Senate bill is S. 3084. Both of these bills propose to exempt U.S. advanced degree holders working for the U.S. employers from the numerical limit in the employment based immigration. The full text of the House bill is posted on May 11, 2008.





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  • cvk90
    07-05 02:01 PM
    they told me that there would not be a 10% penalty but I cannot roll over either. My basic question is that whether IRS controls the benefits offered by private organization based on visa status ? This does not make sense.

    Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
    Could someone comment on the legality of this whole argument ? Thanks a lot.



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  • vvpandya
    11-05 05:20 PM
    Any one with july 3rd recvd date at NEBRASKA recvd AP?





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  • Dhundhun
    06-01 04:01 PM
    Hi People,
    I getting even more confused:mad:

    My status - AOS, H1B expired, staying on EAD.
    Ap is valid until the middle of November 2008.

    I have to travel abroad end re-enter more than 2 times from now to the AP expiry date
    ..
    USCIS sent me 2 exact copies of AP - is that mean that only one stamp per each re-entry implying that I may travel out of country only twice until AP exparation end re-enter twice only???
    Or there allowed more than one stamp on AP paper - using one AP per multiple entries??
    Sorry, I am confused :confused:

    When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).

    When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).



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  • glus
    11-11 08:36 PM
    Hi,
    Looking at the number of 485s pending for ROW EB3 with PD of years 2001 and 2002, I do not quite understand why the dates have not moved. We need to ask this question to someone. It does not make any sense.





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  • garybanz
    01-11 11:53 AM
    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.


    Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception



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  • gcdreamer05
    11-14 03:03 PM
    Hello guys,

    I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.

    I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".

    What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!

    My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.

    Anyone got the same thing? What can I do here?

    that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)





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  • ImmiLosers
    03-10 11:22 PM
    As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.

    Now I am not sure.

    But the point is - Has he/she said it can not be done at I-485?:confused:



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  • makemygc
    10-20 07:47 AM
    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
    You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.





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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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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.





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  • kanshul
    02-01 10:08 AM
    Honestly you are not in very good shape. You can't use AC21 so can't port your GC.

    If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.

    Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.



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  • elusive
    07-10 01:13 AM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please





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  • statuslaw
    01-31 12:03 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!





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  • indianabacklog
    06-10 12:48 PM
    You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.

    I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.

    The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.

    You seem to have it all under control. Have confidence in yourself and get the applications sent in.





    lkapildev
    02-07 08:28 PM
    YOu will get your GC. I'm positive. For me all my docs like AP, EAD etc had same status and i got the physical card and ap.





    waitingmygc
    03-08 12:48 PM
    Congrats.

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