субота, 11. јун 2011.

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  • neverbefore
    08-16 02:40 PM

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.


    My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them

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  • snathan
    02-17 06:10 PM
    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?

    Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.

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  • gotgc?
    08-13 10:39 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

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  • wellwishergc
    03-08 12:31 PM
    I will be posting the 'IV' brochure at two grocery stores in my town. I have also made some contacts with Chinese and Indian students at a university here. I would check with them if they can post our brochures

    I got 3 emails this morning. Need more volunteers to work on this...Please email me on jay@immigrationvoice.org,

    I promise I wont spam your mailbox. Just want to send you a pdf document to get your started on helping with this. we want to broaden our base otherwise the same group of people will have to keep contributing repeatedly while thousands are unaware of immigration voice.



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  • wizkid732
    08-24 12:29 PM
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?


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  • niceguy
    12-18 05:25 PM
    NSC wants to revoke my approved I140 when they were reviewing my 485 case. I140 is approved in TSC and 485 was in NSC. The reason was education. NSC and TSC are way different each other on how they look into education. I have Dip Comp Engg(polytechnic)+AMIETE+MS (BITS, Pilani). Though TSC approved my I140, NSC is questioning on the evaluation of AMIETE to US BS and MS,BITS to US MS. We replied and awaiting to hear from USCIS. I filed this labor in 2001 and it is my own labor. All 6+ years wait is in question now. My case is in EB2.

    So, nothing is guaranteed and granted in the world :) event after you get it.

    Best of luck.


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  • gcganapati
    08-15 07:56 AM
    I am one who missed the 2007 july boat...even though i filed in 2007 (485) my I-140 denied and we lost ead,ap and every thing..

    if they give at least EAD my wife can start work..i can also look direct client in this tough situaitons...its very diffucult to get mange in the work with H1b...

    please every body share with more information regarding this.

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  • kaylamarie
    01-28 12:12 PM
    Can any one please reply... 70 views and no replies


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  • vinki
    10-27 01:31 PM
    hi !
    Thank you gurus for your quick response .... have one more question in mind ...
    Is it a pre-requisite to have SSN before applying for a job ?


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  • shana04
    02-17 04:24 PM
    Can I invoke AC21 by using H1-B transfer?

    Enjoy your life, but do it careful.


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  • vikaschowdhry
    06-06 07:36 AM
    seahawks you said:
    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.

    Could you please provide me a link to an official website that can confirm this?

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  • EkAurAaya
    07-10 09:37 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases


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    09-08 01:38 PM

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  • dummgelauft
    09-10 02:08 PM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.



    ..but do you want to. Have you not filed your I 485 yet? If you have filed I-485 and it has been pending for 180 days or more, get an EAD (I-765). If your priority date is not current and you have not filed your I-485, you can get a new H1B. With an approved I-140, the 6 year limit does not hold. You can keep on getting H1B renewals, in 3 year extensions, 'til such a time as you can get an EAD or your I-485 is approved. So, yes, its doable, but I would strongly recommned going to EAD, if you can.

    DO NOT, UNDER ANY CIRCUMSTANCE, try and renew your TN. It has been wrongly pointed out by one member that I-140 is "not immigrant intent". Well, that is plain "WRONG". It is the I-140 that is the "Immigrant Petition". I-485 is just an application to "adjust your status".


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  • gcbikari
    08-14 04:58 PM
    Next time check out this forum (http://immigrationvoice.org/forum/showthread.php?t=20900) advice before you send your fotoes. Just kidding.

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  • iad2ead
    07-19 07:12 AM
    Me too in same situation.. thx for sharing the exp.. Do you think the list of mandatory documents are sufficient ? I'm carrying last yrs tax returns, 5 months pay stubs, last 3yrs W-2 in addition to the mandatory documents. Anything else?

    Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.

    The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.

    Thanks MP70


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  • quizzer
    01-08 01:32 PM
    Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...

    My case is not simple but i did not quit in usa either..i resigned without doing the notice period in india sometime back.

    So is it possible to file 10C and 19 directly with the PF office and get the money without involving TCS?

    Your ideas are highly appreciated.

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  • GC_1000Watt
    10-12 09:58 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.

    Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?

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  • kanyewest
    04-21 06:54 PM
    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.

    05-08 04:46 PM
    I joined last month and started my direct conthly contribution from this month. Go IV !

    01-11 02:29 PM
    As per my understanding, extension will be given if and only if :
    Either Labor is pending for more than 365 days or Labor and I-140 is approved.
    If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
    Am I right in interpreting the rule correctly?

    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.


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