Sunday, June 12, 2011

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  • kevinkris
    01-11 02:00 PM
    Hi,

    Thanks for this service.
    I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.

    Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.

    Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
    Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.

    If i use EAD and if my I-485 has any issues, what will be my status?

    Thanks for your help.




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  • indyanguy
    06-07 03:08 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.




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  • gcdreamer05
    10-02 01:47 PM
    I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.

    Thanks

    RFE one pending 485 or RFE on what, please clarify...




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  • karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo


    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.



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  • ibmguy
    04-09 02:09 PM
    Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.




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  • amalshe
    12-09 03:32 PM
    Hi,
    Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
    Thanks in advance.



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  • franklin
    02-12 05:52 PM
    No, experience from current company does not count.

    If you have a masters, and the job requires one, it doesn't matter how much experience you have.

    From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)

    There are two subgroups within this category:

    Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

    Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.




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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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  • kanyewest
    04-22 10:16 AM
    Thank you for your comments.

    For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.

    I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.

    1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.

    2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.

    Thank you again for your time and recommendations.




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  • another one
    04-26 11:39 AM
    Yes, PR visa is not extendable....Also, you dont have to apply for any PR card when you go to Canada. When you enter Canada, you will automatically be a PR starting that day and the PR will be mailed to the Canadian address you provide at the airport....Its your choice to apply for a SIN card (US equivalent of SSN card)...For this you will have to go to the nearest office to do so. Usually the landing procedure takes 2 to 3 hrs...You can return the same day...PR card is issued for 5 yrs from the date of your landing and you can stay 3 yrs out of Canada...To maintain PR status, you will have to be physically present in Canada for atleast 2 yrs..Hope it works out for you.....
    I don't think you really need the physical card. Canadian Immigration officer simply told me that i am a landed immigrant now, the entry stamp and document attached to the passport are enough for me to come and go freely as long as i live in CA for 2 in every 5 years. So there is no additional advantage from giving an temporary address and getting a card.



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  • waitingimmigrant
    10-21 05:12 PM
    thanks sandy and everybody... GCOP thanks for finding that info...
    hope they look at it and take it forward anytime between now
    and early/mid december... good luck all ....




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  • jackisback
    06-03 12:17 PM
    Anyone used this to inform CIS of their AC-21 case since it was announced?
    Any experiences??? I had sent this to my attorney for his inputs but got no response



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  • mp70
    07-19 03:51 AM
    Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.

    The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.

    Thanks MP70




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  • sertasheep
    09-04 08:43 PM
    Bump



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  • maristella61
    04-19 05:20 PM
    this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.

    He is talking about the original first letter of approval , not an extension




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  • rique71
    05-17 02:43 PM
    i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.



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  • desi3933
    07-18 03:31 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    1. Yes.
    2. Yes
    3. Yes


    __________________
    Not a legal advice.




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  • desi3933
    02-26 01:20 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=2f719c7755cb9010VgnVCM10000045f3d6a1 ____




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  • cbpds
    12-09 04:50 PM
    Well Said, its the bitter truth many will not agree :)




    babu123
    04-11 07:42 PM
    If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
    If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
    So hurry up and Good Luck.




    dan19
    11-07 02:13 PM
    Thanks Chandu...
    Never knew somebody had compiled such a large list!!!


    look at www.h1bmates.com



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