Saturday, June 11, 2011

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  • ksvreg
    09-25 11:16 AM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.





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  • jasmin45
    08-02 04:18 PM
    I work as a consultant for one of the big 5 firms implementing SAP applications. What is the job code referenced for this job? I want to know the job category it falls under as per the Dictionary of Occupation Title or the O*Net published by DOL. My company did not provide me this information but any help will be greatly appreciated.
    Thanks everyone in advance,
    Madhavi
    You have no other way to get this information other than your employer or attorney who filed your case. If your case was filed under PERM process then I remember, few months back I saw an access database floating around in a forum which had the information on companies who filed LC for which position during end of 2005-2006 period. Rightly it did not have any information on candidates. I cannot remember where did I find it.

    We can all speculate what it would be but not sure. We also do not know why do you need this info and what is your current status with regard to GC...





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  • WillIBLucky
    11-17 09:56 AM
    I dont think we should be talking about it over here. It surely looks like more of Indian site and not a Immigration Only related conversation. We should focus on what our problems are right now. Nuclear deal is not going to help or reduse our wait for Green Card.

    This forum topic says "Green Card Retrogression" so lets talk about it only. If we have to talk of the rest of the stuff that is happening with India then it should be identified in appropriate forum and not here.





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  • mohanty99
    07-23 04:04 PM
    Standard answers to some questions, but they haven't answered some key questions such as in what order the applications will be adjudicated or how long it will take to issue receitps. :confused:



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  • netsavvy
    03-28 08:12 PM
    This is a very good point.

    Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.





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  • Bogdan
    10-22 11:41 AM
    Good morning everyone!

    I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.

    Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.

    Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?

    I really appreciate any hint/advice and thank the helper(s) in advance.



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  • maddipati1
    02-04 04:39 PM
    need to travel in few days and my AP is about to get approved.





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  • fatjoe
    08-25 07:49 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I



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  • dilber
    12-04 05:51 PM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.

    Can some one please provide me with the phone number I can call the IO at. thanks in advance





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  • Leo07
    05-20 04:12 PM
    How many in this forum are yet to file AOS?
    Hello Members,

    I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.



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  • lskreddy
    08-14 02:18 PM
    I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.





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  • cox
    October 6th, 2005, 10:24 AM
    Have you noticed that it noticably degrades the image quality? Your little birds look pretty good, and I got a squirrel I was happy with, but these geese were not quite as sharp as I would have liked.

    Also, do you have any tips for dealing with the short focal range? Did you use binds or something for the little birds?



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  • Humhongekamyab
    07-30 12:14 PM
    It appears only EB-3's are getting approved these days.





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  • sri@180
    02-08 08:12 AM
    Who are comming from USA ,did have particular consulate to attend.



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  • myan88
    03-30 11:08 AM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.

    Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.

    But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.

    I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.





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  • chanduv23
    04-18 10:40 PM
    Folks here is the deal.

    A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.

    As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.

    Things that trigger a denial in a straightforward case
    (1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
    (2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
    (3) AC21 - employer revoke 140

    None of the above should trigger a denial but looks like they are triggering a denial.

    It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.

    It could also be a training issue for new staff.

    As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.

    MTRs should resolve these cases but it is a waste of money and unnecessary tension.



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  • validIV
    03-20 05:25 PM
    This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.





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  • ttdam
    11-05 09:58 PM
    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.

    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04





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  • FinalGC
    05-10 04:50 PM
    I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

    If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.





    rpat1968
    07-15 08:13 PM
    After contacting USCIS through Ombudsman & Senaor John Cornyn office I finally got email from Uscis telling me that I am in EB3 and they mistakenly sent me EB2 approval. After this they sent me an amended EB3 approval. Also the immigration officer who worked on my case called me an explained me what exactly happened.
    He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....





    lostinbeta
    09-10 12:01 PM
    Sounds pretty "nifty":nerd:



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