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tinkugadu
07-04 10:06 PM
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
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perm2gc
07-02 11:21 PM
Thanks for your replies.

My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.

You cannot use EAD to bring your wife,you need an approved H1.
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virald
01-31 09:30 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV think any candidate is more pro-legal immigrant than the other?
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alisa
08-03 12:10 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

Received by USCIS on June 4th 2007. Have been waiting since.
So 400+ days for me too...
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pappu
10-30 01:37 PM
See this link, give your comments ( I suggest to be brief & to the point).

http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
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GCchakravyuh
07-12 01:42 PM
yes we need to hear from Clinton.. time to repay
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lifestrikes
01-26 11:30 AM
Its time to meet our Senators and House Representatives.
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psk79
05-30 12:29 AM
From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

Hope that helps...
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gc_on_demand
07-19 11:33 AM
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

Lets find out if there is any thing in law.
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webm
07-09 11:59 AM
Don't worry,the EAD approval rate became faster thesey days..esp TSC/NSC..:)..

On top of that,you should get 2 yr EAD..:)
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drona
07-12 02:49 PM
But won't we have right to contribute once we get our green cards. The sooner the better then?
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NELLAIKUMAR
01-26 12:20 PM
Who deleted it?

I am glad that the Admins have deleted it. It really was a stupid question about a specific race...
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smiling08
09-19 08:52 AM
HI All,

I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

Fan
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arnet
10-26 01:51 PM
our experience:

they will mail back those.

my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

it took 3 days after interview date to get the stamped passport and documents through courier.

If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.

I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)
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swamy
11-27 04:08 PM
The moment one loses a job - technically the H1 status is lost. You can continue to stay here and look for a job under the Attorney General's authorization (AoS pending i.e) but USCIS is apparently counting it against the 180 days out of status that one can be for 245(k) purposes. So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring your H1 or you may have to begin using your EAD and AP for travel etc
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gopi246
03-20 02:43 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.

Hope this helps. Good Luck.

Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
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chanduv23
10-01 03:23 PM
^^^^^^^^^^^^^
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calaway42
10-03 11:34 PM
This is the tute i was talking about..
http://robouk.mchost.com/tuts/tutorial.php?tutorial=pxbevals
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atlgc
05-23 06:51 AM
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

Can someone with an approved 140 please paste a format of the experience letter on this thread?

Thanks!

Hello indyanguy,

question,did you got an RFE for your entire work history ,just the latest expeience letter
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amsh
08-22 04:01 PM
Hi there,

Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

Note: Still I am working for the same sponsered employer.

1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
-both applications are independent of each other
2. What happens to my EB3 processing if my EB2 got rejected for some reason?
----it remains valid

3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
---No risk
4. What all the requirements filing EB2 for converting from EB3?
------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
I would really appreciate your answers.

Thanks,
Matt.

Hi Matt
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WaldenPond
06-30 05:45 PM
Hello baleraosreedhar,

FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.

For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).

There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.

If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.

Just my 2 cents. Hope this is useful.

WaldenPond




Hi Gurus,

I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

My company has filed for my I140 and it got approved.

I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

Thanks
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