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Friday, June 24, 2011

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  • bushman06
    08-21 02:48 PM
    Immigration officer gave I94 date till my visa expired.





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  • jvordar
    04-17 08:29 PM
    Even if you transferred you can still work for old company and keep on working there without joining new company.

    That's what i believe. Please consult attorney for confirmation

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..





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  • India_USA
    09-14 09:20 AM
    can you update your profile?





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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.



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  • TwinkleM
    01-30 12:13 AM
    Hello Ravi,

    Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.

    Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.

    Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.

    In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.

    Answers:
    1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.

    2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.

    3) Until u get the answer to ur appeal.

    4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.

    5) Since you do not have EAD, you cannot continue working on ur current project

    6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.

    7) yes.

    8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.

    9) Yes.

    Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.


    Goodluck





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  • yabadaba
    06-22 03:20 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    Calm down..its there



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  • ItIsNotFunny
    10-27 03:52 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.

    Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

    I Wish God Give me Strength to Fight Legal Immigration Injustice.

    When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

    So, I know god is with me.

    Wish all so deserved people Green Card this year.





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  • srikondoji
    07-02 02:10 PM
    Can you shut up for a moment on racist slurs?
    What kind of a human being you are to point a smell of racism in my post?
    Just get off my thread.

    Your quote about Mexicans is as racist as it gets. Please delete it. This is not the time to lose your cool and vent your anger towards wrong things.

    Thanks,
    Jayant



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  • logiclife
    10-15 02:12 PM
    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

    But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

    It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.





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  • when
    10-02 02:22 PM
    :-|



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  • bigboy007
    06-04 12:58 PM
    i too think so they wont drag it more





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  • abhi_jais
    12-09 12:03 PM
    abhi_jais:

    Delhi embassy called me for re interview on Nov 10th and issued me the visa.

    Best of luck to you.

    Thanks man, Actually my wife is stuck there because of this stupid 221G green slip. She went for H1-B stamping. VO has requested for some company papers like details of every employee in the company (Immigration and Wage) etc. Anyways, where did you track the status of your case? Please post the link if you can.

    --Abhishek Jaiswal



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  • Sachin_Stock
    09-18 10:29 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!





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  • sdrblr
    09-09 10:21 AM
    I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)



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  • marlon2006
    09-14 12:30 PM
    Growth could high, but economy is so small that would not necessarily make a lot of absolute difference. That said, sorry to tell you I heard that type of stories years ago when I landed in Canada in 1998. That's my personal opinion.

    Good luck though.


    http://www.cbc.ca/story/money/national/2006/09/14/imf-useconomy.html

    Canadian economic growth to be best in G7 in 2007: IMF
    Last Updated Thu, 14 Sep 2006 07:59:50 EDT
    CBC News
    Canada's economy is poised to grow by 3.0 per cent next year, giving it the fastest growth among the G7 countries, the International Monetary Fund said Thursday in its semi-annual World Economic Outlook.

    Canada's status as a major net exporter of energy will likely be enough to insulate it from the slowdowns that the IMF is forecasting for the U.S. and Europe.

    The biggest risks to the Canadian growth story next year include a "substantial" further rise in the Canadian dollar or a "sharper-than-expected" slowing of the U.S. economy, as more than 80 per cent of Canada's exports are to the U.S.

    "The Canadian economy continues to perform robustly, benefiting from its strong macroeconomic policy framework and the boom in global commodity prices,'' the IMF said.

    A cooling housing market is likely to trigger the slowdown in the U.S. economy next year and could weigh on the global economy as well, it said.

    Growth in the United States, which was particularly strong in the first half of this year, is expected to slow from 3.4 per cent this year to 2.9 per cent in 2007, the IMF said. In April, it had projected U.S. growth next year would reach 3.3 per cent.

    "The concern remains that a sharp adjustment in the housing sector would generate strong headwinds for the U.S. economy," it said.

    IMF pegs China's economic growth at 10%

    Citing strong growth in China, the IMF raised its global growth forecast a quarter of a percentage point to 5.1 per cent this year and 4.9 per cent in 2007. But it warned that inflationary pressures, high oil prices and a possible abrupt slowdown in the U.S. could undermine global growth.

    "The balance of risks to the global outlook is slanted to the downside," said the report, released in Singapore, where the IMF and World Bank will be holding their annual meetings next week.

    The Washington-based fund also suggested that further U.S. interest rate hikes might be necessary.

    The U.S. Federal Reserve "faces a difficult situation of rising inflation in a slowing economy, but given the importance of keeping inflation expectations in check, some further policy tightening may still be needed," it said.

    In August, the Fed decided to keep its key short-term lending rate at 5.25 per cent after 17 straight hikes back to June 2004.

    The IMF said "there will be a premium on the Federal Reserve clearly communicating its policy intentions" and suggested that it state more explicitly its medium-term inflation targets.

    It also said the U.S. could help reduce global imbalances by setting a more ambitious deficit reduction path and put the budget in a stronger position to respond to future economic downturns.

    Japan, the world's second-largest economy, will likely grow 2.7 per cent this year on the back of solid domestic demand, but should ease next year to 2.1 per cent, the IMF said.

    It also said Japan should be careful to raise interest rates gradually to avoid a "costly" re-emergence of deflation, or falling prices.

    In the euro area, stronger corporate balance sheets have helped bring about increased investment, rising employment and a more balanced expansion to the 12 countries that use the common currency, the report said.

    Growth would rise to 2.4 per cent in 2006 before moderating to two per cent in 2007 largely due to scheduled tax increases in Germany, the report said.

    China's sizzling economy will probably steam ahead with 10 per cent growth this year and next, propelled by surging exports, but the region could be hurt if China's investment boom sours, it warned.

    The IMF also urged Beijing to raise the value of its currency, the yuan, saying that would help to cut its huge global trade gap � on pace this year to surpass last year's $102 billion US � and bolster households' purchasing power.

    Growth in India, emerging as Asia's other major engine, would moderate to a still robust 8.3 per cent this year and 7.3 per cent next year.

    Latin American economies would continue to lag behind other emerging economies, although growth prospects have increased in the region, with expansion expected at 4.75 per cent this year and 4.25 per cent in 2007.

    Inflation in advanced economies was likely to increase modestly to 2.6 per cent in 2006 but start to decline next year as the upward impetus from oil price increases eases. Emerging markets would probably also be able to contain inflation pressures, it said.

    The IMF was established in 1945 to help promote the health of the world economy. It works to foster economic and financial stability, prevent crises and can aid countries in trouble.

    With files from the Associated Press





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  • jsb
    10-29 04:04 PM
    I've done it. Well, basically my attorney sent a notice to the USCIS, but I think you can do it too by sending a simple letter to the Service Center. There is no form for that as far as I know.

    It is clear to change from 'old' or 'new' attorney, but there is nothing mentioned for 'no attorney'. I think best is to call USCIS and find out the best way to do it.



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  • msp1976
    02-12 10:28 AM
    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!

    I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....

    Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....

    About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..





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  • nashim
    09-04 09:36 AM
    USCIS has all information but they might not have resource/time to collect information about old cases that�s why they might be seeking help from other body.





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  • ksairi
    05-12 10:50 AM
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    sky7
    07-28 10:02 AM
    I was reading some latest info about I140 & I140 Premium Processing at
    http://www.murthy.com/bulletin.html

    it stated

    In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).

    So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:

    Anyone knows?

    Thanks..





    sherlock01
    10-16 07:54 PM
    Can you please send the format of the letter you faxed? Did you include a letter from the employer?

    I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:


    I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.

    Hope this information is helpful to someone in similar boat. Below are the fax numbers:
    (214)962-1454
    (214)962-1450
    (214)962-1415
    (214)962-2632



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