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Pineapple

10-13 10:28 AM

If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.

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same_old_guy

12-07 01:28 PM

Dont waste your time for FOIA. You will never got it. I have personally applied for FOIA one and half year back and yet to see any response. I really doubt I will ever get a copy of I-140.
In fact I have not seen or heard of anyone getting I-140 copy based on FOIA. Everyone just said they applied or should get the copy someday; that's it. May be you should just go ahead and apply anyway. It has to negative effect but do not plan anything based on it. For example, you will change job after you get the copy or something like that than you will be waiting forever.





Hi guys,

Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.

Or should we wait until the processing dates cross our reciept dates ?

Anyone who did this successfully, pls enlighten the members.

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gcdreamer05

11-24 04:19 PM

We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001

- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.

- Our date is now current however processing at Texas is still stuck at June 27, 2007.

- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??

Unfortunately yes - RD Aug 27, you can confirm this by looking at your receipt notice that you got from your attorney.

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mchokshi

04-05 10:07 AM

I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.

Question:
Do i need to file for new h1-b or transfer?

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gc_check

11-26 05:24 PM

Folks,

Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.

Folks, please share your experience on this.

Sorry for the new thread, if this had been discussed on other threads as well.

Thanks,

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eb3_nepa

06-14 02:24 PM

I guess we can use this thread to collect experiences from individuals who have already applied.

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desi3933

06-10 12:45 PM

Hi,

My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

Can i find other company and file a different H1 transfer based on my old company valid H1?

Please Advice.


Hi Vikram -

Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

Good Luck.


_______________________
Not a legal advice.
US citizen of Indian origin

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dummgelauft

03-25 09:49 AM

..Wadhwa,...Dalmia...all desi names. Well, Anderson Cooper is american. But what I mean is that the authors of such articles and studies are almost always Indian origin people.
While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.

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elusive

10-14 09:11 AM

Hi,

I am Planning to go TORONTO for my 2 H1B visa stamping.In my first experience my application was under administrative processing for 6 months, but since I have AP and EAD I came back,then when they called my Passport was about to expire in 5 Months so with my new passport it went into administrative processing for 2 more weeks then I was asked to come down to toronto and I got my H1-B

Now here are my concerns specially how to prove

1) Employer employee scenario( what docs will prove VO, I work as a IT consultant at third party have my H1B approved till 2013, visa is expired,Vendor is ready to give letter , client does not have this policy )

2) My project end date is feb 2011, what if he asks me what will i do after that, how to convince?

3) will my previous administrative processing triigers for admin processing again ? I heard that once you went to admin processing after that any time you go for stamping you will go through admin processing?

4) Will use of Advanc parole (in case of admin processing) TO come to US in anyway cause issues when admin processing is done and visa is to be issued?

5) Is it safe to go to HomecountrY(Hyderabad,India) than toronto since I dont have US Degree but I did study MS for 3 semesters yet to complete

6)If I Marry and wants to use AP to enter but work on H1 status, can I still have my wife go for H4 Interview with my expired VISA but unexpired I-797 and she comes on H4 and I come back using AP and work on H1 status?

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mchundi

08-23 12:16 AM

I recently visited India(this july) with a new U.S passport and un endorsed PIO card( I did not know endorsement was required). Though i did not have to show the old passport, i carried with me anyway. No issues anywhere.
--MC

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InTheMoment

06-19 03:07 PM

See below

Hi,

I am planning to do concurrent filing on my PERM LC.

1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?

I-140 approval not necessary.

2. Can I do premium processing on my I-140 in the concurrent filing?

Yes, absolutely!

3. Does premium processing available if another I-140 is already pending based on my LC Sub?

No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.

Please reply.

Thanks

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ponnuswamyp

11-06 02:19 PM

I got one LUD on my I-131 after receipting and before FP.

2 LUDs on I-485 after FP.

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milind70

04-28 12:46 AM

I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.

What options do I now have? Any options will be appreciated.

I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps

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hpandey

01-21 09:25 AM

If he went on vacation after getting the AP then ask him to use the AP to get back . He can still maintain his H1 status even if he comes back on AP.

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seekerofpeace

09-07 08:43 PM

I tried a few times for scheduling infopass trying to get Boston which is closer to where I live. But I am getting Lawrence....I guess Boston office is flooded with appointments...Didn't know that Lawrence has a office too.

Will let you guys know if the meeting is of any help (which I doubt)...

Thanks,

SoP

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gkaplan

05-17 12:53 PM

Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??

if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??

thank you?

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puvathoor

04-11 11:59 AM

I think if one is in hell, USCIS can hand deliver..

Heaven is another Story (storey?).. :-)

But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..

That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..

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baburob2

04-29 01:05 PM

Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.

This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.

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mita

07-19 11:13 AM

My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...

I just want to start a thread for folks whose primary applicant is approved but derivative is pending. My case was approved on July 8th, but my wife's case is still pending. Here is the complete list of steps that we have taken.

1) Created an SR on 07/09/2010 (No response yet)
2) InfoPass appointment on (07/16/2010); Reveals that case is pre-adjudicated.
3) Submitted form DHS-7001 (07/19/2010)

Please share your comments, thoughts and experiences on how you dealt with this situation.

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sanjay02

05-22 03:09 AM

Your case has moved to another office, usually it happens when they schedule an interview at local office.

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YetAnotherDesi

12-25 12:13 AM

Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).

Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC

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