Sunday, June 12, 2011

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  • doubleyou
    05-19 04:39 PM
    Pappu,
    1)do you know what is the difference between the name check and background check., or is it the same thing.
    2) Will getting the congressional office to follow up raise any red flag?
    3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
    4)Does having two I140 mean anything in the delay




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  • lostinbeta
    10-21 01:39 AM
    W00t!!!!!!!

    I love it =)




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  • waitnwatch
    05-30 06:57 PM
    the reason she was denied is because she is young

    It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.




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  • anilkumar0902
    08-26 11:42 PM
    Thanks for the reply. So we don't need to disclose to employer that we are on EAD.

    AND
    Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?

    EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.

    Just chill...Good Luck.

    Cheers



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  • REQUIRE_GC
    07-12 10:47 AM
    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.

    I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time




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  • gultie2k
    07-06 02:08 PM
    Is is possible to file for a new H1 once you start using EAD/pending 485? My lawyer says there might be a problem...awaiting more details.



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  • pd_recapturing
    05-22 08:37 PM
    In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?




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  • abhijitp
    07-08 07:48 PM
    I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?

    May be we can get their help to gather support from pro India congressmen and senators
    Sounds like a good idea.



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  • jsb
    12-11 04:10 PM
    $ 320 filing fees + $ 1500 employer fees = $ 1820 ...


    Thanks. These are the fees for a new H1B. Is procedure/fees same for transfer of H1B from one employer to another? How long does it take? I know USCIS posts processing times, but a first-hand information on employer transfer will be helpful.




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  • cin45220
    12-07 11:51 AM
    I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�

    First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.

    -CinBoy



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  • glus
    04-17 07:37 AM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    The answer is NO.




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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.



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  • loudoggs
    07-31 06:51 PM
    My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?

    In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:

    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks




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  • gumpena
    08-03 10:29 PM
    I am not sure whether it is a typo ..but look at the I-765 (EAD) update is upto JULY 2...



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  • mhb
    07-04 10:12 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
    try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.




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  • GKBest
    10-30 05:26 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    If it is the first time, they might ask for a birth certificate



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  • onemorecame
    10-25 01:19 PM
    Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.

    onemorecame.

    Bump




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  • coolmanasip
    07-19 09:51 AM
    GURUs cna u reply when you get a chance!




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  • REDS
    01-01 12:29 AM
    Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.




    mlkedave
    03-09 04:29 PM
    i tried to make them point at the big boxes up top, and that link thing does look a lttle off but i thought with a different color most people would realized its not mean to be in the same category.




    nit_sea
    01-04 11:53 AM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?



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