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  • satishku_2000
    08-01 01:53 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..




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  • Saralayar
    06-02 12:25 PM
    I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.

    I am with the same employer.

    Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.




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  • drirshad
    06-30 02:51 PM
    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....




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  • liorsal
    01-13 05:36 PM
    does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?



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  • sunny26
    03-10 10:37 AM
    if its for education then consult with ur lawyer whether its possible to file for eb3 with same labour.if not file for appeal and get some time.apply new labour




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  • the_jaguar
    03-25 10:46 PM
    Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

    Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
    Yes, I did transfer my H-1B and I was within my initial 6 year period.

    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.


    In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...



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  • AK_GC
    01-21 05:09 PM
    We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.




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  • a_yaja
    07-25 12:26 PM
    Hi,

    may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.

    my parents name, date of birth ,date of place are there in the birth certificate.

    filed I485 in late june. I guess they might send RFE.
    Thank u

    regards
    ahnewgc
    You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).



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  • sid3699
    09-16 10:13 PM
    My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.


    What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?

    I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?

    Thanks very much.




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  • ssbaruah@yahoo.com
    06-01 02:24 PM
    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through “A” company and this is my second employer (“B”). After I joined “B” company, I never went out of USA. “B” Company’s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with “B” company’s name. Now, I am no more with “B” company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.



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  • snathan
    02-13 01:14 AM
    H1B - LCA Related Issues - How can we save ourselves ???

    HI
    I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds

    I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

    ** LCA is very important and H1 b employees should work as per LCA - Period.
    Location, job and every thing should be as per LCA. No questions.
    I am afraid, most of the H1b guys do not even have LCAs with them.

    ** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.


    Please throw your suggestions to make our H1 system clean and save H1 employees.


    Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.




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  • Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.


    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.


    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.


    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)



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  • smuggymba
    09-17 10:53 PM
    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.

    how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.




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  • Caliber
    05-31 10:28 AM
    The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !

    My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.



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  • pkv
    02-07 12:22 AM
    Hi,
    Need help with your knowledge here...

    Read all the posts but Couldn't find exact information; so had to start a new thread.

    I've received my 485 receipt Notice, which I filed in July last year and FP is also done. I didn't file File for EAD or AP along with I-485. My case is in TSC.

    Now I want to file for EAD and have a few questions?

    1. Can somebody guide me how can I file EAD on my own without using lawyer? What fee wil be applicable on this application?

    2. I've a valid H1B from current employer who sponsered my GC. If I change employer using this EAD and go out of country sometime later, do I need AP to enter back in the country? or H1B would work??

    3. What status would my spouse(currently h4) be on after I start using EAD?

    4. is there in difference in processing time between e-filing and paper filing?

    Thanks,




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  • ksrk
    06-15 07:17 PM
    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?

    While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
    [The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]

    Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.

    Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
    The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.



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  • dpp
    06-28 02:50 PM
    I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

    So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


    Thanks
    INeedAllGreen


    You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".

    This is 100% correct.

    Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.

    But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.




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  • actaccord
    01-26 11:46 AM
    Pls start the effort to team up and meet the lawmakers.




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  • alkg
    09-23 04:10 PM
    will there be any movement in the dates for the NovVisa Bulletin for the fiscal year 2009?




    transpass
    08-14 01:18 PM
    But i noticed, All approved cases are clear, means no RFE in any stage.

    I don't know about that...Cases can be approved after RFE...Some cases might have been that way...Who knows? But I have not seen postings with approvals after RFE though over the past few days...




    digitalborealis
    01-10 06:24 AM
    Research statement? Have never heard about that one! Are you a postdoctoral research fellow?

    No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.

    D



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