Friday, June 10, 2011

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  • needhelpASAP
    04-27 04:02 PM
    Thanks so much for all your advice! I feel a little better now.




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  • alex99
    09-28 08:46 AM
    My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.

    My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.

    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,
    Ashok...




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  • iwantmygreen
    08-06 06:27 PM
    Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us. I have LUD on 140 for 7-13, on 485 application for 08-04




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  • piyu7444
    04-10 03:34 PM
    The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)

    Any other options.........?

    I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........



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  • ireddy
    07-18 10:31 AM
    Most of my friends (self filing) sent in their applications to reach service center by July 2, haven't received the applications back. According to the USCIS memo yesterday, the last paragraph clearly indicates that the filings received earlier will be accepted and processed... Please see portion of that note below

    "USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."




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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)



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  • chanduv23
    10-24 01:56 PM
    Ramba,
    Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.

    I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.

    Thanks guys!

    -samcam

    RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case




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  • nozerd
    02-01 12:40 PM
    Landing is when you formally enter Canada as a Permanant Resident.

    It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.

    Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.



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  • pa_arora
    03-02 01:15 PM
    I have heard many ppl say that its okie to go back before the kid is 10 yrs...and with this statement heard many examples...so I would guess its before when the kid is in 5 grade.

    -p




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  • kumar1
    10-09 04:31 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.



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  • yestogc
    05-31 05:06 PM
    sorry.............

    Will Obama Follow his footsteps ?




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  • supender
    09-21 01:33 PM
    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks



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  • beautifulMind
    07-16 02:31 PM
    I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

    I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position

    But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules




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  • BECsufferer
    08-20 07:10 PM
    Unfortunatly none so-far. The only thing I got in email is " your case is yet to be reviewed by an officer"



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  • rskanth
    08-18 12:25 PM
    It takes average 3 - 6 months for I-140 to get approved(I got it in 40 days), but like lot of other people i am stuck with retrogression :(




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  • xlr8r
    07-17 04:53 PM
    Where did you see this? I can see the Aug bulletin but not your update.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.



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  • morchu
    05-05 04:31 PM
    No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

    But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.


    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

    Thanks
    Amit




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  • webm
    11-11 09:57 PM
    Same with here EB3-I 2001..(waiting continues)

    So close and yet so far...really they are creating nightmare ..




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  • sidbee
    03-17 10:43 AM
    Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
    pay some extra premium.

    wouldn't that be common sense....




    jonty_11
    05-21 05:47 PM
    You think its that easy to swing it our way with DEMS in power.....aint happenning.




    kumsoft
    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006



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