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  • supers789
    09-21 05:07 PM
    Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.





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  • ckpas
    09-23 03:19 PM
    Need some help/advice on PERM LC issue:

    My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

    On may'09 got a query saying "Discrepency in Alien education and experience".
    Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

    my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

    Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

    thanks in advance, appreciate comments

    UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.





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  • devd
    09-11 03:37 PM
    On August 5th, My Online status got updated: Approval Notice sent

    On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.

    On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.

    All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?





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  • pmat
    07-14 02:36 PM
    Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.

    Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.



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  • ivgclive
    04-25 04:24 PM
    Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.

    1. Will there be any issues?
    2. What am I supposed to say for this question in the visa application website?
    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)

    The VFS website says the following:

    "The following applicants do NOT qualify for appointments in the visa renewal category:

    Applicants who have a U.S. visa that expired more than 12 months ago.
    "

    Thanks.


    1. Any Issues?
    As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.

    2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.





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  • senk1s
    10-14 09:41 AM
    is it an actual check or just a stub with direct deposit?

    Ours is also done thru a payroll company and in the direct deposit and stub our company name is there.



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  • pappu
    12-17 05:58 PM
    core members:

    I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
    Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.





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  • madooripraveen
    10-13 01:28 PM
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
    shows different dates for EB3 India.
    May be typo ????



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  • diptam
    07-28 06:02 PM
    The Job description that my employer used in LC a little different than my actual skills - i mean say the LC job desc is "Java-Jsp-Servlets -XML" and my actual desc is "Oracle - Datawarehouse - XML "

    Do you think USCIS with reject my case because i changed my Employer ????

    Thanks

    My friend used AC21. He switched jobs after 6 months of filing for 485. He had a query on his 485 seeking experience letters for previous and current employment. He filed those and his 485 approved.





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  • hibworker
    12-15 02:48 PM
    Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.

    Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).

    Here are your options:
    1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
    2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.



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  • chanduv23
    10-16 03:45 PM
    ^^^^^^^^^^^





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  • akhilmahajan
    08-16 02:36 PM
    I was in MI for a long time, so have called them up and have urged them to join IV.

    Hopefully they will make the right choice and do the right thing.



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  • wandmaker
    10-08 03:20 AM
    Hi,

    I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.

    Thanks in advance

    If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)





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  • omved
    08-14 01:07 PM
    Computer would not let officer open SR if your application is well within processing time. So I am not sure, how your SR was opened. Wait for your time to come and your GC would be approved.



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  • Immigration voice
    06-08 04:25 PM
    Any members in Iowa, please post here.
    Hi, Everyone,
    Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
    And in case if it stck where it could be and how to check the status of that stuck??????????????/
    Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions


    I'll appreciate your suggestions and reply.
    Thanks,
    IA





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  • roseball
    09-01 05:56 PM
    Thanks a lot for giving a reply on time.

    I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".

    If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.

    If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.

    Hope this helps and you take the necessary action.



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  • wandmaker
    11-05 08:50 PM
    Walk into near by ASC with your FP notice, explain the situation, they will be able to accomadate you for FP. I read in the forum Wednesday's are usually good for walk-ins. Good Luck!

    Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.

    we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.

    1. do we need to call USCIS to change the location and date ?.

    2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.

    3. I have updated the address in USCIS using online AR-11 already.

    Plz share your experience/advise...

    thanks,
    ====
    PD : mar-2005





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  • chanduv23
    06-14 11:19 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.

    After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

    Do send your story to IV as IV ios collecting such stories





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  • vegasbaby
    04-23 04:38 AM
    Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?



    Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.

    To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
    There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
    In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.





    zamoo
    09-13 11:48 PM
    I have to admit that I'm a little less educated in these immigration things than a lot of others. So, some questions might be of very basic nature.

    I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.

    My PD is NOT current as of September VB.

    Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.

    Now, I see a possibility of getting laid-off due to the latest acquisition/merger.

    In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :

    00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?

    01. If laid-off, what documents should I ask from my company for my records ?

    02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?

    03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?

    04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?

    05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?

    Any response will be very much appreciated...

    Thanks&Regards





    anilsal
    01-28 10:55 PM
    the change in salary ($76K to 120K) is a cause for concern. It depends how long ago you filed your labor. If it has been greater than 5 years, IMO the salary change may be ok. Rather than the titles, the job duties have to reasonably match.

    -------
    Not a lawyer



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