Wednesday, June 15, 2011

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  • bklog_sufferer
    10-18 03:09 AM
    Hello,

    I have following situation and need some help on making my travel decision:

    1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

    2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

    3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

    4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

    5. My pay stubs are still issued with name of Campany A.

    6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


    7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

    8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

    9. What are the risks in this travel ?


    gcman2005,

    1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US

    2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.

    3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.

    Good luck





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  • authrd
    07-26 08:05 PM
    My attorney asked for all prior H1 or L1 approval notices. I told him I don't have them. I only have my current H1 approval notice. I do have all visa stamps on my passport. He told me USCIS is very likely to ask for those.





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  • rajeshalex
    03-17 11:06 PM
    This is normal. Preliminary processing means all documents are there and looks good. It doesnt mean it is complete. My wifes appln has been moved to MO with same message and I am the primary applicant. I got a mail yesterday saying my appln has been moved to a local office for interview.

    So the above means nothing but it looks good.





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  • nmdial
    02-21 02:52 PM
    I'll be applying for my wife's and my visa stamping and therefore did some research on this issue myself. I believe that we'll need to print out DS-160 as well and take it to the consulate, the same way we did with previous forms. We can, therefore, write our names (or whoever is the applicant) in our native language on it.



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  • up_guy
    09-25 02:03 PM
    Porting PD Imp Approach & Question

    Background-

    Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.

    My questions are �
    1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?

    If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
    If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations

    Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.

    Any comments or risk of this approach





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  • alucard666
    08-28 03:11 PM
    Something like this would have been in their news section but I just logged on and there is nothing there.



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  • sanju
    11-27 11:36 PM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001

    If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.

    If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.



    .





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  • mdipi
    11-18 03:18 PM
    the 15 ppl...lol, j/k.



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  • gettinthere
    01-08 10:50 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks





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  • jackisback
    05-19 06:17 PM
    The answer to 2 is receipt date. It has been repeatedly mentioned in many websites and forums



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  • levelup3
    12-19 10:24 AM
    Thanks for all your post





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  • bobsn
    04-02 03:52 PM
    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

    Thanks



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  • cinqsit
    09-27 11:55 AM
    Hey

    If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
    printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.

    - cinqsit





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  • mita
    08-22 08:16 PM
    Enjoy your green!!!
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)



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  • help_please
    10-05 11:01 AM
    I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

    http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us





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  • bestin
    06-19 01:46 PM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)

    Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.



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  • srinivas_o
    09-18 05:40 PM
    I have filed on July 2nd itself and still no receipt, no FP notice, nothing. Called USCIS 3 times and they asked me to wait until it's been 3 months after the filing. Then only they will do something it seems.

    BTW, how can I get to 2 Level representative?



    I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.





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  • prince_waiting
    08-30 04:36 PM
    Hi IVians,
    I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.

    Thanks





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  • desibechara
    09-22 07:48 PM
    hi:

    I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!



    my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...

    please let me know...because I will have to really folow up on them..

    Sandeep





    dpp
    11-17 09:48 AM
    House bill passed long back, but there are very few differences between Senate and House bills. They have to reconcile.





    subba
    02-11 08:26 PM
    The way I see it....You have an I797 approval till 2010. Once you have that, it does not matter on what basis it was received. The I797 approval does not say "Only valid until I140 has not been withdrawn" etc.



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