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  • Robert Kumar
    01-26 07:10 AM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!

    I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
    but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
    I can imagine how it feels, belv me, yet, keep looking and dont give up





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  • questions
    06-06 02:02 AM
    Hi Bhatt,

    thank you! :)
    I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
    I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
    Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?





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  • krishna.ahd
    11-01 09:47 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.
    I assume this is your fisrt job/assignment and understand your pain.
    May be you are at wrong time and wrong place. Work this out patiently.
    Do they ( your company) have work for you or client's assignment ??
    While try to gain some real work experince working here for a while , Please try to find out another sponsor and switch.
    BTW, how about your skill set ??





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  • shana04
    08-05 01:50 AM
    Dear IVans,

    After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).

    My dependent (my spouse) has not received her FP notice yet.

    Questions:

    1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.

    2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work

    3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?

    Gurus, Please answers/provide your experience/suggestions to the above questions.

    Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.

    I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.

    Hope this completes my cases.

    Good luck to all and my best wished to every one (EB2 & EB3) mates.



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  • greenguru
    04-15 11:57 PM
    Is Advance Degree MS ? or BS ?





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  • brb2
    11-03 07:02 AM
    Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.

    ....
    one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov

    i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.

    i may be too naive but nevertheless why miss the opportunity to spread the word around...



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  • mudigondag
    01-25 10:55 AM
    Thanks for providing the information. It helps a lot.





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  • wellwishergc
    07-11 12:52 PM
    ^^^^^^^^^



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  • FixCIS
    01-24 12:51 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.

    Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.

    Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?





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  • sledge_hammer
    09-26 10:15 AM
    How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

    Why don't you search the forum for answers and if none is available then post a new thread...

    Can the experts please reply to my question? Thanks,



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  • thesparky007
    04-22 09:37 PM
    here you go kirupa
    i put a price for it





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  • pmb76
    08-19 12:13 AM
    Such are the erratic ways of USCIS that we are all in the paranoid zone. When you get the unexpected (i.e. paper mail and no online approval) it does make us wonder and asntonished. There is an old Turkish proverb "When you burn your lips drinking hot milk you start blowing on your yogurt"
    I hope sense prevails and all the EB2s whose PDs are current get their GCs.



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  • GCBy3000
    09-01 05:00 PM
    Ohh... Is there a IV Core fan club?. Let us vote for president, congressmen and senators within IV and pass this SKIL bill.

    Me too need some fan.. it is getting warm in here.

    Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.





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  • jungalee43
    08-26 02:36 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.



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  • invincibleasian
    02-06 11:15 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you

    First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.





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  • EndlessWait
    03-13 04:08 PM
    if your case is clean..there shouldn't be anything to worry.. use ac21 and move on..u cant predict future..



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  • pbojja
    11-19 09:53 AM
    I guess you already know but can't help to remind this :
    USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).

    So, NO, your mails will not be lost!

    I think USPS does not forward mails when the mail says "return service requested" .





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  • langagadu
    05-01 03:06 PM
    You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
    I think legal stay is counted from the last entry.


    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?





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  • simple1
    09-09 03:48 PM
    A while back, I saw a post saying PD substitution doesn’t work smoothly most of the time (sorry, I dont remember the site).

    I also heard (from another person) that for association with I485; the substituted PERM/labor must have an approved I140 that is not revoked or (labor) reassigned (to some one else). Not sure when AC21 180 day clock starts( for immunity from revoked I140). from I485 or from substitution date ?

    Not sure if it is true.

    I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.

    I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.

    Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).

    two contrary pieces of information from a govt agency!!

    Anyone with similar experience

    I am sick of this USCIS !





    chi_shark
    12-02 10:11 PM
    ya i replied. I am sure no one is looking forward to paying taxes. Even those who make more than $1 million a year.

    o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...





    andreafejes26
    03-31 11:17 PM
    Thanks a lot for your comments. They are really helpful.

    In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

    Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

    Do you know the "standard" wording for USCIS decision in cases like mine?

    Thanks a lot again, I really appreciate your comments.



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