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NikNikon

August 14th, 2006, 11:01 PM

D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

Problem with H1 Employer [Archive] - Immigration Voice

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gc_kosam

06-02 04:11 PM

Thanks

What is the basis for the answers? Please provide some reference.

I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe

Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):

My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are

1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???

3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.

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mgakhar

02-28 11:24 AM

Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.

So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.

I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.

thanks again Leoindiano for your advice !!

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enqueued

06-21 06:00 PM

Ask her to talk to her attorney. That is the right thing to do.

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pani_6

08-24 09:27 AM

I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...

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DSLStart

03-09 11:54 AM

where is your brother now? In US or India? Did he appear for interview as well with his wife? If he is in US how can the HYD consulate ask him for 2nd interview?

new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different

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gcformeornot

09-01 09:15 AM

why are you posting multiple times?

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MetteBB

05-11 01:20 PM

Hey thx!

Guess what -The appel (know I miss-spelled it) I accedently deleted... I'm such an as$ :whistle:

/mette

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eastindia

04-20 08:59 AM

I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.

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visves

12-20 12:03 PM

I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.

From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

GG_007

PS: Not a lawyer, just my personal opinion.

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Draw out a heart shape,

mhtanim

02-28 01:28 PM

Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"

If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.

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lp2007

08-05 12:13 AM

A friend of mine got his 140 approved in 5 days through PP in June. I don't think now that option is even available since PP has been suspended until futher notice.

http://murthy.com/news/n_procon.html

Thanks

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lskreddy

08-07 03:03 PM

I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

What are my options?

Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?

I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

Any other suggestions. If there are tax implications, I would appreciate some feedback.

Thanks for the service.

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gc_on_demand

03-17 10:39 AM

RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.

Recently USCIS announced that they have less application for US Citizenship.

"In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.

By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."

Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )

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JBarnhill

March 4th, 2010, 11:55 AM

Just saw how old this post was!! Sorry

I-94 expired [Archive] - Immigration Voice

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inspectorfox

08-04 10:45 PM

Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!

WOW... It's hard for me to believe this. I think it's all your good karma.
I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.

User: InspectorFox
Labor Filing Date: 10 Oct 2005
Service Center: Texas
Processing Type: premium
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006 RFE: yes
RFE Reply Date: 06 Feb 2007 I-140 Status: pending
Nationality: India
LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
STRUCK BY SECURITY CHECK -

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logiclife

06-15 12:07 PM

How 'bout: Not filing because LCA is rotting in the basement of a BEC?
I have edited the poll to add that option. Literally.

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waitingGC

03-21 10:58 AM

My wife will apply for H1 this April. I also have some questions:

1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?

2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?

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bikram_das_in

04-20 10:54 AM

One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

BTW in politics right or wrong is rarely a consideration.

I donot encourage IV'ans to participate in this march.
It means Join hands with Illegals for noreason.
No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".

jthomas

10-04 05:13 PM

I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.

txuser

03-10 03:57 PM

Thats a valid question... sorry, but Im not sure on that - You'd probably need to check with an attorney...

In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.

I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.