Thursday, September 1, 2011

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  • chitra
    02-26 02:08 PM
    Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.





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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.





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  • randomdude
    04-21 09:31 AM
    From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...





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  • illiguy2000
    07-13 06:57 PM
    Done



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  • JazzByTheBay
    08-21 11:25 AM
    I filed at TSC, transferred to CSC, receipted, transferred to NSC - so not exactly the same situation. Interesting to note your case filed on 7/27/07 is being processed.

    Mine was filed on 06/30/2007
    RD: 07/02/2007.
    USCIS says they're processing by ND ("when it was entered... ").

    Signs of life @NSC, nevertheless.... :)

    jazz



    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.





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  • veni001
    10-09 08:34 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.

    Rest should have been consumed-by CP and 245(i)(follow to join):D



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  • viper673
    06-15 09:31 PM
    Renew the passport through expedited processing if available, then take an infopass appointment and tell the officer that you had an interview and that he didn't get the stamp because his passport had expired, but now it's renewed.

    I think they'll do it on the spot.





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  • ronhira
    06-08 11:40 PM
    The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"

    http://news.bbc.co.uk/2/hi/business/8086392.stm

    This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:



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  • ssksubash
    11-13 04:04 PM
    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.


    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.





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  • CRAZYMONK
    04-07 11:49 AM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    Which state you are in?



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  • dilbert_cal
    04-24 11:39 PM
    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.





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  • immi_enthu
    04-17 11:05 AM
    I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.



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  • rama0083
    03-07 12:31 PM
    People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

    Thanks in advance guys.

    If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.





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  • brandon
    July 18th, 2004, 04:16 PM
    Wow! Great response for a small web forum. Thanks so much for comments and especially the adjustments.

    I can see right away that I will be learning a lot of PhotoShop here. That's great! I can obviously learn a great deal about photography from the DSLR forums, but the Members Critique and the Galleries is what I registered for.

    I got my cameras to take pictures of friends and family and to use at work. Most of the pictures I take look like a family driver's license photo album. The picture is bad and the subject is worse. I want to learn to capture the unique events because that is where the beauty is.

    First I want to learn to take more pictures. I never seem to have the urge, opportunity and camera all in the same place at the same time. Is it as simple as always having my camera at the ready? How do you get people to accept your taking a picture of them without disturbing the event?

    I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?

    Then I would like to learn to take pictures of the things that I see and think are interesting. Since I live in Houston that means cityscapes, nature and weather, and interesting people. I especially like people engaged in ordinary activity but with profound contrast of background or setting. Given a limitation of what can be carried on a bicycle or foot (and a reasonable budget,) what kind of camera and accessories would a professional photographer use to take these kinds of pictures?


    One more picture...:D
    http://www.dphoto.us/forumphotos/data/783/1003Gandview9-med.JPG

    Thanks again,
    Brandon



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  • jackrabbit
    04-09 01:36 PM
    Planning to use AC21 Portability and work on EAD.


    If you are planning to work on EAD, then you are not using AC21.
    Is my understanding correct?





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  • abhijitp
    01-26 05:46 PM
    Did your write your letter?

    15 minutes of yout time could save you 6-12 years of waiting!



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  • gcwait2007
    10-21 10:29 AM
    Great Work Ashkam. Please accept my appreciations.

    Do you have any similar 'SOP' for I-140? I googled and could not find one.

    If you have one for I-140, can you pls post the same?

    Thanks in advance.





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  • myan88
    03-30 11:08 AM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.

    Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.

    But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.

    I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.





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  • punjabi
    07-18 06:17 PM
    Sorry man!

    I would say, may be your attorney is not telling you the details. USCIS never relays the decision without the explanation, as far as I know.

    May be your attorney did some silly mistake. He got denial from USCIS with the explanation and he is not revealing it!

    I have not seen USCIS denying any case without explanation. Try to do a little investigation on this.

    Good Luck!





    new2gc
    02-16 01:56 PM
    These time- pass threads are better than EB2 Vs EB3 threads.

    If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...





    immi_twinges
    07-09 07:42 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????


    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    the link is too big

    so, go to http://contact-us.state.gov/

    and find the option where u can email them.
    :o



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