Friday, July 1, 2011

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  • good idea
    02-17 12:39 AM
    Hi,

    My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
    And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
    Is there any chance I do not get H1 approval (even after 31st March)...

    regards...





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  • chinna2003
    05-15 10:15 AM
    I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
    I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
    EB3 PD is Feb 2005
    I 140 approved filed 02/2006
    I485 07/2007
    RFE for EVL April 2009 submitted





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  • dealsnet
    05-10 12:36 PM
    You need to go out for 365 days to reset your H1B clock.
    You can stay here on F1/H4.





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  • adnan_vijay
    12-11 09:50 PM
    Hello,
    According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

    Hello Sir,

    Thank you for the quick reply.

    As my application have been lodge for almost 2.5 months now.

    Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?

    How will I know that my FBI name check is successful?



    Thank you once again.

    :confused:



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  • perm2gc
    11-30 10:09 PM
    Hi,

    I am in a fixed situation and in big dilemma.
    My H1 is expiring in 2007 June first week.

    My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
    Labor got approved recently and still struggling to file my I-140 in premium.

    Meanwhile, I got an offer for permanent employment in a good organization (B).

    I would like take that offer but issues that are bothering me are:

    1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?

    2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?

    3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.

    Please help me with these questions.

    Thanks!!!

    Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
    http://immigrationvoice.org/forum/showthread.php?t=2417.
    If that didnot help you..i request to take some time to search the forum.





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  • sarosi
    04-16 09:41 PM
    I have the following status working with the original H1B employer who filed for my green card petition:

    1) PD Jan, 2007, EB3-I
    2) I-140 approved and pending AOS
    3) 2 yrs. EAD available, expiring Sep. 2011
    4) H1B will be expiring within 3 months (1 year left from 6 years limit)

    My questions,

    1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
    full time employee.
    2) If yes, is it required to inform INS? How and when?
    3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?

    Answers to my above questions will be highly appreciated.:confused:



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  • wandmaker
    04-30 02:37 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?

    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.





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  • agiridhar
    05-14 12:52 PM
    Anti trust lawsuits are brought about when it is found that a company or institution is using it's power of monopoly to bring in anti-competitive measures. In this case, which institution is using it's monopoly - the government?

    USCIS (erst while INS) I guess...



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  • stuckinindia
    10-22 11:29 PM
    Hi,
    We have been checking the website and still shows "Pending Administrative processing"





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  • gc_chahiye
    11-17 07:43 PM
    I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?

    I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.

    its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]



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  • impala
    09-18 01:14 PM
    freinds,,,
    I came to know that my 485 wld bet rejected and I wld be receiving all my applications as my employer has sent wrong fee to lawyer...


    yesterday when I asked my company people to send the copies of all those checks that they have sent to lawyer and I found the 485 check has $385 on it....actually I just asked them after going through couple of threads related to 485 rejections in murthy.com...and got this bloody news..


    I cleary sent mails abt sending $395 to my lawyer and our company has sent 385 it seems...due to the excessive volume of apps received at that time my lawyer office hasn't really checked all those checks it seems...they clubbed those checks with the my application and sent to TSC...and my lawyer informed that i wld get rejection....


    can't they understand how sensitive it is?..can't they put their full mind while writing checks?...this is just ridiculous...

    i have become victim of someones mistake,,,,,

    i'm not saying that it is intentional but can't they be responsible?...

    now after all this has happened they r talking abt SORRY stuff,,who cares...

    friends,,psl help me,,,waht shld I do now...did anyone has similar case status?





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  • doubleyou
    03-09 03:59 PM
    MY I485 is current for past 18 months on EB1, soft LUD End Feb 2011 on EAD & AP, Any reason why or just normal computer maintainence.



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  • Hermione
    10-04 02:47 PM
    My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.





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  • QuickGreenCard
    04-29 07:33 PM
    all the responses. Does anyone know how to get my mom's I-94 back?



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  • meridiani.planum
    04-02 01:12 AM
    04/02/2008: Petitions/Applications Backlogs as of 02/29/2008

    * I-140: 147,913
    * I-485: 787,516
    * I-130: 1,367,289
    * I-765 EAD: 150,028
    * I-90 Green Card renewals/replacements
    * For other statistics, please click here.

    Source -
    http://www.immigration-law.com/
    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf

    The backlog is so huge that there is no "light" at the end of the tunnel

    FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...

    Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!





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  • signin241
    07-25 09:24 AM
    Thanks for the responses. I have all the documents in place and also the recent paystubs of my present employer.



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  • f1USvisaholder
    08-08 06:02 PM
    Dear Madam,

    My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..

    Regards,
    -AShu

    Hi Ashu...

    We have not done anything to my passport yet. We initially thought of getting my name changed but for now we have kept it in the "to do list".. Not sure when will be able to get to it...





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  • ABHI1
    11-07 02:58 PM
    Hi,

    Do you think we should take our attorney along with us.

    thanks





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  • Ann Ruben
    10-22 12:26 PM
    Kuyt,

    As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:

    What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?





    kcindian
    09-19 09:10 AM
    Thanks for the response div. I did think it was too good to be true. It is.





    salvador marley
    04-29 05:35 PM
    yeah keep it kirupa - i thought it was ok - but got not much respone



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