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  • singhsa3
    08-22 06:52 PM
    Msg deleted

    BUMP

    Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????





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  • desi3933
    02-23 11:44 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani :)

    a) Your H1 will be exempt from quota.
    b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
    c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • GCBy3000
    11-29 11:37 AM
    Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

    NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • kannan
    04-11 04:28 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.



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  • paskal
    12-11 06:32 PM
    bumping up the thread!
    saw a post from a mn member and i guess this thread needs visibility!

    thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all





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  • Joey Foley
    November 21st, 2005, 06:54 PM
    The shots can be sharpened much better which would make all of them even more appealing.
    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?



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  • scabal12
    06-12 06:59 PM
    Also my H1-B is valid till 2011.





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  • abheja
    12-21 07:25 PM
    Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.

    My interview was in June so I don't know if things have changed since but please consult your attorney.



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  • HRPRO
    02-10 09:31 AM
    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?

    Krish,

    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

    HRPRO





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  • smisachu
    12-09 06:43 PM
    PhD in Business from an accredited US institution; currently working as Asst Prof.

    I guess there is no way to port till I graduate then. :mad:



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  • hnordberg
    October 24th, 2004, 08:24 PM
    I like #3 the best because it is the one that would let me into the field. And the composition is simple and interesting.





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  • webm
    05-21 08:22 PM
    Is it 120 business days or just week days?

    Its just = 120 in advance from your current EAD expiry..It doesnt matter with business days.



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  • etiennelin
    04-02 03:49 PM
    Hello,

    My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

    On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

    When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

    Anyone with similar experience could give some advice?? Thanks very much!!!





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  • garfield_x
    03-05 03:23 AM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.



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  • fromnaija
    09-15 10:52 AM
    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.





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  • coolmanasip
    08-16 08:06 PM
    Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.

    The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....

    I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.

    Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.

    I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.

    Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....

    sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time



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  • qasleuth
    05-06 12:51 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?





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  • j751
    10-24 01:41 PM
    BTW what does Murthy charge?





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  • shree09
    08-07 02:55 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------
    1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
    2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???

    I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?

    I need to land in Canada before May 2008.

    Your help will be greatly appreciated
    Thanks





    punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.


    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.





    manderson
    04-30 12:19 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    Thnx agan!!



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