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sanju_dba

09-27 01:26 PM

Dear Admin, can you please delete above post by eastindia!
EastIndia : 94% of the voters know how to use it, and I hope you are one among them.

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GCMD0203

09-10 02:24 PM

I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
Hi,

I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

Have you ever filed an immigrant petition for any person in this petition?

Last year when I filed for H1 extension I had checked 'NO'

But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

I will appreciate if you can help me with this.

Thanks,

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macml

01-29 05:43 PM

Hi, I only paid a one time fee of $170 for the AP. To expedite the application it took only a day( day we called ) and with a week we received confirmation!

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Junky

10-28 08:02 AM

Happy diwali to every one.
May the festival of lights fill your hearts with hope, peace and serenity

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smuggymba

03-30 08:34 PM

To the Admins - I went in to update my PD on the profile, the latest date is oct 2009. Can you please update.

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ras

04-03 11:12 AM

I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

It might also help to give a reason as to why you were late in responding.

There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

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indyanguy

01-14 11:07 AM

This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?

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To Whom It May Concern

I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.

His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.

If you have any questions, please do not hesitate to contact me.

Thanks,

XX

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bestofall

09-16 03:29 PM

I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card

My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa

Iam with same employer for 6 years and continue with them till I have card in hand :)

whay do you guys advise

Please advise !

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black_logs

10-25 01:13 PM

You cannot use current job's experience in any situation
From the above posts you can defintely use the priority date once I-140 is approved and move on.

My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

Thanks in advance for your comments.:)

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morchu

06-01 04:44 PM

If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

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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eb3retro

04-15 08:38 AM

All,

I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.

Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.

Experts please guide me if this plan would work and if yes how much would it cost me ...

Thanks in advance ..
Lalit

also update ur profile..

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dpsg

03-24 02:51 PM

Folks,
Can someone verify these numbers are correct. If It is skewed
I will call Ms Rosemary to correct them.

http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf

Thanks,

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vidhyajagi

08-16 03:17 PM

You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.

Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.

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bkam

02-14 03:19 AM

sundar99,

That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.

As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.

I believe that everyone who reads this forum should move a bit his/her bottom and send a customized letter using the above template. This is the least everyone of us can do to support the efforts of the volunteers of this forum.

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singhsa3

10-22 09:05 AM

But I've got two A#s and so as my spouse...
I do not think so, even though you have two application , there will be only 1 A# for each applicant.

We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

We did not apply for EAD and AP, through my wife. I applied from my side for both of us.

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snathan

07-31 01:23 PM

Thank you for your prompt response

1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

2.Can New Jersy laws applicable in India to send a legal notice to me?

3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

Pls answer the above 3 questions.


No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you

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mnq1979

05-21 03:10 PM

You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple

hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?

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chillfakter

02-19 03:22 PM

As many of you assured me, the date on the I-94 reflected the date on my I-797 (I received a B, not an A). It did not have anything to do with my passport expiration date as I was fearing. Thanks everyone!

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prioritydate

09-21 11:45 PM

I was in a consulting field with employer taking 30% and me getting 70%.

He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Am I going to get any tax benefit now?
Why not he deducted single penny in last 2 months before I left?
I didn't sign any paper to pay him back over a period neither did he come up with any plan.

All this proves that he agreed to waive off while I was working for him.


In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.

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ras

05-30 01:31 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...

Sure that helps...

I didn't get what the below means

"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..."

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snhn

09-27 09:59 AM

I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.


so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

Lets see what the future holds for us.

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