Wednesday, June 29, 2011

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  • roseball
    08-06 10:20 AM
    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?

    Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.




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  • mmk123
    08-13 10:55 AM
    All,

    My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.

    Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).

    Also, please can you specify the USCIS rule under which it is applicable?

    Thanks,
    M.




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  • IneedAllGreen
    06-27 03:29 PM
    Yes I have known people done for H1 and H4 both. My friend who was fron MP usually get his H1 from Mumbai. But Last year he got his H1 stamped from Delhi just because he wants to go to Honeymoon there. Hope this helps.




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  • MyGCPath
    10-23 01:37 PM
    Guys/Guru's,

    I need advice/thoughts from you on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?
    __________________



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  • learning01
    02-19 09:22 PM
    How does it affect leagal immigrants or legal aliens? Can you be more specific and to the point?

    Maryland House Judiciary Committee hearing on House Bill 1443
    A bill prohibiting drivers' licenses for illegal immigrants
    Tuesday, February 21, 2006, 1 p.m. (subject to change)
    Joint Hearing Room
    Legislative Services Building
    Annapolis, MD 21401-1991
    http://mlis.state.md.us/2006rs/billfile/hb1443.htm

    House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.




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  • DyersEve
    09-28 12:33 AM
    Well nevermind, i somehow figured things out and if ya wanna check out my test movie go to http://teamnerd.tripod.com/random/tkt.html



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  • chrisclick
    04-10 03:29 PM
    something worth resing :D




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  • anurag
    06-29 03:25 PM
    Saurabh,

    Sorry to hear that you are in this situation. It took about 8 weeks. Also one more thing, during this ordeal, I talked to an experienced lawyer who also said 8 weeks.

    Regards
    Anurag



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  • mchatrvd
    08-20 09:57 AM
    My bad. i didn't see his time stamp :)




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  • KarachiWala
    12-12 07:19 PM
    I have my AP approved H1 valid till 2009 but stamp expired. If I marry a non us resident and bring her on H4 and Myself enter in US using AP. Does it mean that my H1 is invalidated?

    Does it mean that my wife's H4 will be invalidated also and she becomes out of status since my H1 is invalidated?

    Or I am completely wrong here?

    I can't file her 485 since my PD is not current and also I cant have h1 restamped cause it takes way long to get it stamped.

    Any Idea?



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  • rvenkat1976
    05-06 10:34 AM
    I am exactly in the same situation. Gurus please help.




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  • mambarg
    09-20 05:32 PM
    AFter FP, the LUD is because, during FP, they pull up the records or update the record with your Photo and signatures etc.

    Name check is initiated after Notice is generated on ND. So it is seperate from FP.

    FP response, not sure what happens when it comes back.



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  • BharatPremi
    10-19 11:31 PM
    Make sure you do not travel out of USA before you get your approved AP, since as per the law if the person who filled I485 leaves the country without AP then it is considered that he abandoned his I485, with the exception given to H1B/H4 and L1/L2 (and youdont have any of these)

    If you leave USA without AP then you need to restart the process, if you have AP then that is all you need to travel.

    /\/\/\/\/\/ -- Second it.




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  • monkeyman
    10-09 09:53 PM
    U R better off rescheduling your mexico appointment - its something that could be done within next 3 to 4 months for sure. The problem of rescheduled FP is, it kind of throws your case in the back and based on ASC's load, it might take them upto an year or more (think 800,000) for them to put you in again.

    Its just my opinion based on my conversation with my lawyer - since we were in S. Africa and my lawyer notified me about the FP and my lawyer blurted out what I said above.



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  • austingc
    08-11 05:01 PM
    I have applied for H1B transfer and here is my situation.

    H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.

    We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.

    What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?




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  • JUNASIKPARK
    03-27 12:47 AM
    Added your first one Junaidi :)

    Please create a second thread for your second entry so that I can link directly to it!


    okay



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  • hpandey
    10-09 10:19 AM
    Its more like paranoid journalism and the author's background states she has a degree in investigative journalism:mad:

    I don't get it - how can USCIS take a sample of 250 people out of the 65000 visas alotted and say that 21 % of them were fraud ( 13% totally and 8 % technically ) . Its like taking only the fraud cases out of thousands and then saying that there is 100% fraud. I bet the fraud cases are not as high as 20% that the author and USCIS say.

    It is sad to see that although we H1b immigrants get paid more than the American people ( considering what the employer gets from the client ) and even then we have to hear that we are lowly paid. Speaking from my point of view I know I am paid far more than my american counterparts in the same job profile.




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  • roseball
    08-11 01:18 AM
    Excuse me if its double post.

    Instructions for Electronically Filing Form I-131

    USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)


    Who is Not Eligible to e-File This Form:
    You are not eligible to electronically file this form if:

    You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.

    There is no I-131 (or I-765) filing fee if you filed your I-485 under the new fee structure. Since the filers of July 2007 fiasco still filed with old fee, unfortunately we are not eligible for free renewals.




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  • ajaykk
    11-08 01:18 PM
    ~bump~




    Ihitha
    02-22 03:44 PM
    Hi

    I'm currently working on L1B visa from company A. My present employer applied H1B visa also for me and it got approved around in the August last year. Now I'm planning to change my visa status to H1B.

    So I would like to know the options that I have to get my visa status changed to H1b.


    1) Can I transfer my H1B to some other company now as my H1B already approved? Is it possible?
    If it is, how can I change my status?

    2) What is the procedure if I have my current employer do my visa status changed to H1B? Do I need to leave US and come back to take that effect?


    Please kindly reply to my questions.

    Thanks in advance.




    loti_GC
    07-31 08:33 PM
    My Lawyer asked for the original letter from employer. She didn't even accept the scanned copy. I had to mail the letter to my lawyer.

    If you have letter from employer then why not give original.



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