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  • sbabunle
    08-19 01:13 AM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu



    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





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  • ramidiskr
    01-09 04:19 PM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?

    I would be maintaining my H-1 status all the way through......

    Please advise!!!





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  • ivar
    04-15 02:42 PM
    Hats off to your patience. you deserve a hug from Obama. just kidding.
    :D

    sac-r-ten and txh1b,

    Thanks, I can see from your profiles your priority dates are 2006. If my first GC effort (Perm in Mar 06) would have worked out i would have been along with you. I still hold approved I-140 (EB2) from my first PERM. I have to wait till i get this new PERM approved and I-140 approved to port priority date. My lawyer says to port priority date to the new I-140, the new I-140 has to be approved i am not sure about this... after i get this new PERM approval, is it possible to port my priority date along with new I-140 application? or should i have to wait for new I-140 approval.





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  • sundarraj_us
    05-25 04:04 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    3 weeks



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  • gumpena
    08-02 04:47 PM
    Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.

    Greg has picked this from ..
    http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf

    and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..





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  • mohican
    02-14 04:36 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.



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  • abc
    11-07 12:43 AM
    http://immigrationindia.nic.in/registration_requirements.htm





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  • logiclife
    07-11 11:40 AM
    There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".

    No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.

    But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.



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  • REQUIRE_GC
    02-15 12:04 PM
    My I140 is pending since MAR 07 (waiting for almost a year)from NSC...still no LUD or decision...its very frustrating:confused:

    See my signature





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  • indian2012
    02-24 05:34 AM
    I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.

    Is it illegal even if it is the same job but extra work?
    Does it matter if the emoloyer already filed I140 on my behalf?

    I know atleast 2 individuals who did it and got greencards without a problem.



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  • ram_ram
    01-05 10:51 AM
    I contributed my 10 cents..Just now.





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  • simple1
    10-02 07:59 PM
    stay out. Only insane will do that.

    It is illegal
    - to bear any expenses while processing h1b/gc.
    - to accept job that is not there.

    Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.

    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated



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  • Green.Tech
    08-20 10:08 AM
    No. I changed to a different company with same position.

    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.





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  • diptam
    08-06 12:13 PM
    Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.

    Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.

    Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
    What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?

    let me know quick please..



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  • rkp27
    07-11 12:02 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...





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  • jsb
    07-17 04:22 PM
    How do you get Infopass appointment, and what purpose does it serve? I mean, is it really useful for a routine check on your status. Sorry, if I asked this in a wrong thread.



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  • kondur_007
    08-17 03:07 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.

    If that is the case, you have two options:

    1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).

    2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).

    After that you can get your SS card.

    Good Luck.





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  • vimalm
    08-22 10:40 AM
    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.





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  • dilipb
    02-13 09:28 AM
    Yesterday USCIS announced officially that they need 1300 officers.
    Their recruitment, training etc itself is going to take about 4-5 months.
    So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.

    Closing this thread from my perspective since I have some good information.
    Thanks to all for providing inputs.





    Robert Kumar
    03-08 11:47 AM
    my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry

    any ideas whats next for him.
    does he need to apply for a new H1B or can any lawyer help him convince.

    Why do u think his H1B got cancelled. Pls share.





    ravi_hyd
    10-26 10:53 PM
    RD Texas: 3rd Aug
    AP - Case pending
    FP- Not Received
    EAD - Card Prod. ordered



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