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  • munnu77
    06-16 09:47 PM
    My labour got approved on May 23rd .

    Is it possible to switch company and use this labour whihc got approved by this company?

    Thanks for all your support and sharing for knowledge.


    whoch perm processing centre did u apply labor???




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  • h1techSlave
    09-18 02:11 PM
    Despite what the Democrats are saying illegals might get health benefit even when they are illegals. The reason for this is that the current bill does not mandate immigration status check.

    Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.




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  • gc_kaavaali
    11-14 04:31 PM
    It is upto you...you can intimate them for job changes...or wait for USCIS come back to you...they usually send you RFE...if you want details about how to intimate USCIS, please take a look at below link...somebody got GC after invoking AC21...so it is upto you. As far as job description...your labor has good details...it covers everything...I think u r fine...you can go ahead and join compnay....but i am not an attorney...contact your attorney...

    http://boards.immigration.com/showthread.php?t=153407


    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?




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  • slayer173314
    10-25 03:36 PM
    Anyone who filed in July still waiting for a receipt / rejection notice?
    I filed on July 2nd - haven't heard anything yet.



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  • cfan666666
    06-28 09:20 PM
    Both of them will work, I believe.

    Good luck to all of us!




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  • engineer
    07-08 08:46 PM
    I will send this news to my company's Asian Pacific Forum.
    We have 6000 plus members and we hope ge gets help.



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  • MArch172008
    06-05 01:20 PM
    My labour got approved on May 23rd .

    Is it possible to switch company and use this labour whihc got approved by this company?

    Thanks for all your support and sharing for knowledge.




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  • Winner
    04-21 12:28 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.



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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.




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  • nk2006
    06-22 03:02 PM
    Do we have to send our application to one of the centers based on where we reside/work?



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  • GCStatus
    09-03 10:26 PM
    My PD is current - Going for consular processing a good idea?




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  • BharatPremi
    11-09 01:19 PM
    to those who replied, i'm sure iv can use all your skills
    please make sure your profiles are completed, we cannot proceed without basic contact information on you.

    we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...

    everyone willing to help is welcome. please do not forget the profile!!!


    What main theme do you expect for probable resume?



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  • Eberth
    10-21 06:08 PM
    hehehe, btw, could anyone draw a dogs bed for me, hehehe,




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  • Maverick1
    08-13 11:17 AM
    OCI's can work without visa. ALL PIO's are eligible for OCI.

    Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.

    Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.



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  • shyamiv
    08-13 11:45 AM
    USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.

    The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)




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  • m306m
    07-31 04:18 PM
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.

    Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

    Maybe I am misunderstanding your question. If so please ignore the above.

    If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.



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  • dallasdude
    09-25 04:42 PM
    They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.

    So are the refugees from war torn countries.




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  • OLDMONK
    07-18 09:19 PM
    I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.

    Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.




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  • santb1975
    10-15 05:59 PM
    I will sign up on the Yahoo Groups as well




    Raju
    07-05 06:20 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.

    Senthil1,
    You are wrong. I-485 approval is based on the combination of PD and RD. When a PD is current for an application then they look at RD. So if the dates retrogress after applying then the apps will sit on the shelves till the PD becomes current. You are stupid to think that just because a few people cannot apply, no one should be allowed to apply. There is a reason why they have to wait and you will find this kind of people all the time.




    sreenivas11
    06-15 04:04 PM
    USCIS Proc Times Update 06/15/09
    NSC I-485 Sept 1st 2007
    TSC I-485 Aug 17th 2007



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