Wednesday, June 22, 2011

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  • mbartosik
    09-19 05:05 PM
    I just increased my monthly contribution to $100.





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  • mattresscoil
    11-05 03:01 PM
    Hi,
    Can somebody work on 2 H1Bs at one time.
    Company A is not willing to pay due to business loss.
    Company B is willing to offer full time H1B employment only if transfer, and not on contract.
    So if an employee moves from company A to company B in good terms, what happens to A's H1 Visa. Can the employee go back to A in future if needed after working for B for sometime. A is holding the greencard and ofcourse 485 is pending.
    Just in case the employee wants to be in A's payroll also, but not get paid. How does that work.
    What is the legal way in which A's H1 is not cancelled, and one can work with B, and then go back to A after sometime on same old A's H1.

    Thank You,
    Bobby.
    Robert_Kumar:

    One can have any number of H1B's but at any given time only one employer can employ you.
    You have an approved H1B with company A
    You have an approved H1B with company B

    You can move over to B and then if you are not satisfied, you can move back to A. but remember you can move back to A only if (H1B with A is not expired and H1B with A is not withdrawn)

    If A agrees to keep your H1B and you are on a payroll with some other company B/C/D, they are not obligated to withdraw the H1B.

    GC is future employment - it does not mean that you should be working for them in the meanwhile. After you get your GC you are required/better off working for company A for atleast 6 mos.

    Remember this is my understanding - Talk to an attorney if you need solid legal advice.





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  • sushilup
    08-15 04:26 PM
    Mine is also WAC number and transfered to NSC
    I called yesterday and was told that my file is waiting to be assigned to an IO.
    There was no issue with WAC receipt

    PD Feb 05
    WAC.....for 485
    140 approved from nebraska

    I called USCIS about it twice and both the times I received two different answers. During last week of July when I called USCIS first time they said that they will consider Sep 7th, 2007 not July 2nd has the receipt date. I called them again on August 8th and spoke to level II person. This time she acknowledged the fact that my application is outside the processing date and she will send an message to NSC. She gave me a reference number starting with WTC, then 10 digits and ending with NSC. (WTC123...NSC)

    Has anyone with WAC# called USCIS after August 1st?





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  • ilikekilo
    04-02 11:56 AM
    -- NOT always. It's possible only if you have time remaining on your original h1b 6 yrs period and there are complexities
    a> you will apply for new cap exempt h1b at that time.
    b> It will give you h1b approval only till the time remaining on your original h1 6 yrs.
    c> Even in that case it has to be accepted by the IO. basically the way they track it is , there's a place on h1b application forms where you can put the dates of your previous status and they will count from there and will request evidence.
    d> As soon as your 485 is denied you are basically out of status, so even if you apply for h1b immediately you may face additional RFE.

    So basically if your plan is to go on EAD and then move back to h1b if 485 is denied etc. you have interest in leaving h1b status AS SOON AS possible.
    Also don't wait till 485 GETS DENIED. Go back to h1b as soon as you think there's risk of denial (NOID, RFE you can not reply etc)






    Tx 4 ur time...I do appreciate it



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  • Jaime
    06-21 11:56 AM
    Guys,
    Please stop this rumor. Priority dates cannot retrogress in the middle of the month. That's what the law says, and AILA is looking into what happened in the middle of last month with the "other workers" thing, as it appears like USCIS can't stop accepting I485, if the visa bulleting shows the dates are current. Please stop looking for "news" all over the place......
    Bottom line: July is current so send you application at the end of Jun...that's it.

    I also don't think dates will retrogress in the middle of a month, but that information is not a rumor. I saw it on both the Susan Henner thread on this website, and also on the Fragomen website, verbatim, word for word





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  • kondur_007
    09-21 02:24 PM
    Yes I filed I-90 and sent all supporting docs I had . BUT I did not have the copy of the Green Card..I LOST IT THE SAME DAY I GOT IT !.....I went to my old address to collect it. Returned back from work , went for a 1 hr work out. It was no ordinary Gym .24 Fitness with more than 100's of locations in every state out here. It was a very slack time ...and hardly 5 people came out between the time range of the theft , per the video cameras. The Manager refuses to let me see the cameras. Keeps telling me the same bull shit " We take this very seriously ...blah...blah.... so far we have no leads" ...and the PO / Detective in charge of the case only works Tue-Thurs. Never returns phone calls. I gave him so many leads but ...its the same.. or worse cop attitude compared to India . .....then if u keep asking them and following up ...they keep giving being defensive ...and there is nothing u can do to make them accountable.
    Long story short - I mailed all other supporting docs but the GC copy . Birth Cert, Police Complaint etc, Copy of DL and Passport etc.
    With the cops being such assholes, hell ya, I could just pretend that I never got the GC and filed I-90 and never be paying this $380 Fee !!! but it is GC......didn't want to take my chances of them rejecting my case....for some excuse.
    How long will it take before I get actual GC. USCIS told me it can take upto 3.5 months +. Any idea about the avg time in real terms ?
    This was in CA.


    Calm down my friend. Frustration will not help you here.

    I-90 usually gets processed in about 8-10 weeks. It is not required to have GC copy (as most people may not have it). Police report is very important (and you did send that), as your card was stollen.

    Next step is to get new passport (if that was also stolen); go to local indian consulate and get that going.

    After that, take I-90 receipt and your travel plan (preferably with iternary - even prelim iternary is fine), to local USCIS office with infopass appt and they will give you temporary stamp valid for couple of months or so (to cover the time till you get your new GC). Hope you already have your new biometric appt already.

    Chances that they will ever find the thieves of your documents are very slim. They rarely do that here.

    Keep police report. very important to save you from identity theft disaster as well.

    Change all your credit cards etc. Inform all concerned parties (bank etc). Put a credit monitor on your SSN so you dont get identity theft issue. It is definitely worth doing that under your circumstances.

    Good LUck.



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  • HOPE_GC_SOON
    06-20 12:36 AM
    Hi Ammulu:

    I did quite a bit reasearch, and also reviewed this situation with Few seniors. Infact, I am also in this situation. But not yet approved / denied.

    Can you spell out few more details like:

    1) When did the Amendment filed and to which center.
    2) Is the Amendment 140 Transferred to any other center (like to TSC from NSC).
    3) When did u get the denial notice ?

    I know,these questions, cannot answer your question. But just wanted to know, how these cases are moving .

    apprreciate your info.

    Thanks,
    Amendment 140 victim (holding the breath for a long time).


    My I-140 got approved on June 2007, since my company A merged with another company B and changed its name and Federal Id to B, my current employer B filed an Amendment for my I-140 on July 2007, USCIS denied the amendment saying no LCA was attached while my company's attorney says they did attach the LC documents. Now they filed Motion to Reopen attaching LCA documents on June 2, 2008, given all these I planned to switch to different employer using AC21.

    Additional information:

    I485 filed on July 2007
    Got EAD approved on Sep 2007
    Got AP approved
    Done fingerprints

    1. Would the amendment denial negates my original approved I140?

    2. If it is so would it revoke my pending I485 EAD and H-1(as I am already in 7th year extension)?. Note: I did not receive any notification from USCIS regarding revoking I-485, H-1B etc. My current employer says it wont be so because I already have approved I140

    3. Would it be adviced to switch to new employer(Law firm from new employer says there wont be any problem since I already have approved I140)

    4. Would there be any problem when USCIS starts processing my I485.(My new attorney says my I485 will be based on new employer and my skill set is matching the position they offered)

    Please advice





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  • lrindy
    09-30 10:28 AM
    In California, an H4 is considered as resident (tuition fee's classification), as long as you have been staying in California for over a year (H1 pays tax).
    Definitely you should check with the school, maybe you have already considered as resident.

    Hi Everyone,

    Here in Indiana, if child(h-4 is all I know about sorry!) attends 4 years of Indiana high school, then qualifies for in state tuition at university, but has to go through International student office. IF 485 is applied for status changes with copy of receipt notices for 485. 765 & 131. Which is good of them to do. You still don't qualify for federal aid, but everything else you get. Our child gets in state tuition & only qualified for a few scholarships. Had our 485 receipts arrived in JUly like they should have, she would have gain scholarship to cover next 3 years including accommodation by university. Deadline was JUly 27th and we got receipts Aug 28th!!!! Very sad.

    Good luck to you all.

    LRIndy.



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  • ind_game
    05-18 12:01 PM
    Lets hope it does, very soon. Do let us know when that happens.

    Godspeed.


    Thanks a lot for your wishes.........I will keep you guys posted......





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  • solraj
    02-01 03:23 PM
    Contact an experienced attorney. I have been through this and hired murthy law firm. They did a good job. Not but the least ..it is a total heart surgery of your company. Ability to pay is just not paying you but they also check at a given point of time from the time after you filed your Immigrant petition (Labor) for all the pending applicants.They calculate the wages offered vs wages paid ..obviously they do not want negative.They only accepts w2's and annual tax filings of the company nothing else.
    Make sure you are getting full support from your Employer on this matter.You need to provide substantial supporting docs.



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  • indigo10
    02-16 06:08 PM
    Good thinking

    I appreciate we are all in queue to have that resident card. Most, if not all amongst us have been fortunate to have an education, travel, find work and a livelihood here in America. However, there are the less fortunate who may not have the opportunities (or the possibilities) The Diversity Lottery program extends that possibility to those less fortunate, restricted in their lives for whatever reason and so on. Giving people an opportunity so they too can have a better future is (one of the) beauty of this land. This also brings more diversity to the land, where people of different backgrouds / origins come together. Personally, I find it all quite fascinating, because I grew up in a multicultural town, where people hardly integrated. Everybody formed their own little �towns�. Anyway, I for one, do not support the removal of this program in its entirety, because I do not believe someone with a Masters (I have one) or a PhD education, should have more privileges (in addition to what's on hand) to folks who may not have any? Anyway, it�s just an opinion.





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  • go_getter007
    01-30 08:52 AM
    What I meant was if right now you and your employer together are paying $800/month, it'll be your responsibility to pay it in full once you switch your job. The previous employer doesn't have an obligation to pay his part once you're off his books.

    GG_007






    As I said I am changing employer how would my previous employer pays the remaining premium



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  • gc_kaavaali
    06-13 12:35 PM
    http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf


    ur link does not work.





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  • braindrain
    04-19 06:40 PM
    Gaurav,
    You can try extension of I-94 at local CBP. I was in a simialr situation with respect to the status of my wife.We did not have the issue of Passport expiry in our case though .

    Long story short....Her I-94 and H4 Visa expired on Oct'07, though she had valid H4 extension until Sep'09. We realized this only in March'08. Please find an details of my issue in the below thread I have posted before

    http://immigrationvoice.org/forum/showthread.php?t=17630

    On suggestion of my attorney, we went to the local CBP office at PHL and the officer corrected/extended the I-94. I just wanted to share my side of the story where the local CBP corrected the I-94 even after being out of Status.

    Hope, this information helps you in making a decision...

    Good Luck....



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  • WAIT_FOR_EVER_GC
    08-24 08:31 AM
    I saw my wife's 485 get a SOFT LUD and was happy to see activity. Her PD is EB2 (India) December 2005. Now reading the posts here it looks like it was the EAD application she has that might have initiated it. I hope someone looks at her 485 and she gets greened instead of approving the EAD.

    We opened an SR for her and we got response on Friday as application under review. We did a second level IO and that person told us that her application was preadjucated and this was 6th of August. Nothing has happend since then.

    If your wife's date is current, she will get her GC soon.
    best of luck





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  • edaltsis
    09-19 08:13 PM
    The problem is you can't be an employee of your own company (while on H1B), not sure when you are on EAD status. It might be safe that you quit as CFO and then be an employee of that company. However to be on a safer side you consult a lawyer.



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  • lahiribaba
    10-10 11:44 AM
    every few weeks one new person comes up with the same idea as if it hasn't occurred to any one before, fancying themselves in the lines of Erin Brokovich.
    Then a bunch of people join them, for few days the thread will be on the top with every body blowing steam on how USCIS should be taught a lesson. Then the thread disappears and wait for few weeks. A new one pops up.
    It's almost as if it is a passing ritual for new IV members.

    yeah it is damn funny and so is your life.





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  • maveric979
    09-07 03:47 PM
    Same with my case, I have responded to my RFE on 8/21 and on 8/27 changed the status to REF Received and then there are Soft LUD on 8/30, 8/31 and 9/1 then last couple of days nothing happened. Over the weekend surprise soft LUD on my 485 and my first EAD which was approved in 10/2007 got a hard LUD and changed to status to Post Decision Activity. I dont know what is happening with TSC.





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  • mani_r1
    03-18 02:47 PM
    I have attended multiple H1B visa interviews and so far I don't remember the consulate taking a copy of what was submitted for the interview. The visa officer just browse through the documents and gives it back.





    srikondoji
    07-12 03:07 PM
    Thanks for your thirdworld caution.:cool:

    now,now guys.dont piss her off with your mad affection.A typical third world emotion.:rolleyes:





    ebizash
    09-20 11:36 AM
    US citizens can renew online, we cannot.


    Not true.

    I live in IL and anyone with clean driving history can renew online. I recently renewed my DL online and they sent me a sticker to affix on the current DL. The sticker is valid for 4 years from the original expiry of the DL.

    So, it depends on the state what system / process they follow.



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