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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.





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  • pappu
    08-14 02:29 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
    This is wierd.
    so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
    Wow, this goes to show how powerful the cuban lobby is!!

    With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
    Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
    or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
    or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!





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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).





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  • h1bemployee
    06-22 01:39 AM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?



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  • drona
    10-03 11:26 AM
    gctoget, I have sent you an email.

    paskal, thanks for your efforts to activate all state chapters. We really appreciate it.





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  • cinqsit
    12-10 03:12 PM
    rubaru,

    Congratulations!

    Did you open a SR, Infopass or POJ to find out about missing fingerprints ?

    Just curious

    Thanks
    cinqsit



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  • freedom2007
    06-06 12:11 AM
    Received Appointment Letter today..

    Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation

    I am the primary Applicant, PD Jul 2003, EB3

    There are no visa numbers available for this category. Why Interview call..

    Even if they selected my application randomly there are no visa numbers available..

    Please help..
    I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India





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  • santa123
    01-23 01:40 PM
    CIS Ombudsman - Send Your Recommendations

    Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225



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  • lalithkx
    07-29 05:54 PM
    Did anyone ask about EB3-India backlog?


    There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)





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  • shalinip
    03-20 10:23 AM
    I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.

    What are my options going forth:

    (1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

    (2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

    (3) Re-file a new 140 petition?

    Any inputs and other suggestions are appreciated



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  • milind70
    04-01 06:05 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..

    Here are some facts
    1. Labor Substitution is not allowed as of mid 2007 .
    2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
    3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
    I think it is better if you see and immigration attorney for advise on this issue.





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  • mlkedave
    03-06 06:37 PM
    o and paddy why isn't klabboration in kirupa lab?



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  • GCStatus
    09-03 10:26 PM
    My PD is current - Going for consular processing a good idea?





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  • PHANI_TAVVALA
    12-06 09:15 AM
    This is equivalent to $155,000/year. Indian companies like to report CTC (cost to company/compensation) rather than gross salary. So $155k CTC doesnot sound out of normal range salary ($90K gross +relocation+1 time sign-on+benefits (401k,medical, dental, bonus etc)) for someone working for a big tech firm in California.



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  • gsiskind
    05-12 04:04 PM
    Greg,

    The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.

    So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".

    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.





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  • sixburgh
    06-28 07:29 PM
    If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.

    However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.

    Ead and h1 employer are the same.
    What happens when I want to change my job by using ac21 later?



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  • thomachan72
    01-21 09:57 AM
    Is this predominantly affecting those on consulting jobs?





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  • cal97
    08-15 08:01 PM
    I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.

    This is what I know can be done:

    1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
    one case.

    2. File for a new I-140 for the older LC, wait for it to be approved and then
    file for substitution of I-140. Then the EB2 will get the older PD. This is the
    I-140 porting process that my attorney explained to me.

    3. File for I-140 and after approval file for CP.

    I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.

    Hope this helps.

    HI!

    I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

    Regards,

    USA2007





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  • sunny1000
    01-14 05:30 PM
    Here is an exaustive list of charitable orgs (source: msnbc):

    Haiti earthquake: How to help - Haiti earthquake- msnbc.com (http://www.msnbc.msn.com/id/34835478/ns/world_news-haiti_earthquake/)

    ------------------------------------------------
    Action Against Hunger, 877-777-1420
    Agape Flights, 941-584-8078
    American Red Cross, 800-733-2767
    American Refugee Committee, 800-875-7060
    American Jewish World Service, 212-792-2900
    AmeriCares, 800-486-4357
    Beyond Borders, 866-424-8403
    B'nai B'rith International, 202-857-6600
    CARE, 800-521-2273
    CarmaFoundation
    Catholic Relief Services, 800-736-3467
    Childcare Worldwide, 800-553-2328
    Church World Services, 800-297-1516
    Concern Worldwide, 212-557-8000
    Convoy of Hope, 417-823-8998
    Cross International, 800-391-8545
    CRUDEM Foundation, 413-642-0450
    CRWRC, 800-55-CRWRC
    Direct Relief International, 805-964-4767
    Doctors Without Borders, 888-392-0392
    Episcopal Relief and Development, 800-334-7626
    Feed My Starving Children, 763-504-2919
    Food for the Poor, 800-427-9104
    Friends of WFP, 866-929-1694
    Friends of the Orphans, 312-386-7499
    Habitat for Humanity, 1-800-422-4828
    Haiti Children, 877-424-8454
    Haiti Foundation Against Poverty
    Haiti Marycare, 203-675-4770
    Haitian Health Foundation, 860-886-4357
    Healing Hands for Haiti, 651-769-5846
    Hope for Haiti, 239-434-7183
    International Child Care, 800-722-4453
    International Medical Corps, 800-481-4462
    International Rescue Committee, 877-733-8433
    International Relief Teams, 619-284-7979
    Islamic Relief USA, 888-479-4968
    Lions Club International Foundation, 630-203-3836
    Lutheran World Relief, 800-597-5972
    Medical Benevolence Foundation, 800-547-7627
    Medical Teams International, 800-959-4325
    Meds and Food for Kids, 314-420-1634
    Mennonite Central Committee, 888-563-4676
    Mercy Corps, 888-256-1900
    Nazarene Compassionate Ministries, 800-306-9950
    New Life for Haiti, 815-436-7633
    Operation Blessing, 800-730-2537
    Operation USA, 800-678-7255
    Oxfam, 800-776-9326
    Partners in Health, 617-432-5298
    RHEMA International, 248-652-9894
    Rural Haiti Project, 347-405-5552
    The Salvation Army, 800-725-2769
    Samaritan's Purse, 828-262-1980
    Save the Children, 800-728-3843
    UN Central Emergency Response Fund
    UNICEF, 800-367-5437
    United Methodist Committee on Relief, 800-554-8583
    World Concern, 800-755-5022
    World Hope International, 888-466-4673
    World Relief, 800-535-5433
    World Vision, 888-511-6548
    Yele Haiti, 212-352-0552
    Wyclef Jean's grassroots org
    Text Yele to 501 501 to donate $5 via your cellphone
    -------------------------------------------------------------------
    Also, be very careful about donating to unknown sites/emails. They could be scams (source msnbc):

    Finally, the FBI urges people who are looking for ways to help with earthquake relief to be wary of solicitations that could be from scam artists.

    Beware of bogus online 'help' for Haiti - Security- msnbc.com (http://www.msnbc.msn.com/id/34845486/ns/technology_and_science-security/)

    "Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization or a good cause," the FBI said, in passing along these tips:

    Ignore unsolicited e-mails, and do not click on links within those messages.
    Be skeptical of individuals representing themselves as surviving victims or officials asking for donations via e-mail or social networking sites.
    Be cautious of e-mails that claim to show pictures of the disaster areas in attached files, because the files may contain computer viruses. Open attachments only from know senders.
    Decline to give personal or financial information to anyone who solicits contributions.
    Make contributions directly to known organizations, rather than relying on others who claim in e-mails that they will channel the donation to established groups.
    The FBI says anyone receipting an e-mail that appears to be a scam should forward it to this Web site: Internet Crime Complaint Center (IC3) | Home (http://www.ic3.gov)





    aadimanav
    11-02 12:31 AM
    Thanks SatyaRaj and Paskal.





    enggr
    10-12 08:15 PM
    Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

    Thanks

    Hi Kmdhar,
    Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
    Any thoughts on how we get this extension petition approved to the max of my 6 years?



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