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  • niceguy
    12-18 05:25 PM
    NSC wants to revoke my approved I140 when they were reviewing my 485 case. I140 is approved in TSC and 485 was in NSC. The reason was education. NSC and TSC are way different each other on how they look into education. I have Dip Comp Engg(polytechnic)+AMIETE+MS (BITS, Pilani). Though TSC approved my I140, NSC is questioning on the evaluation of AMIETE to US BS and MS,BITS to US MS. We replied and awaiting to hear from USCIS. I filed this labor in 2001 and it is my own labor. All 6+ years wait is in question now. My case is in EB2.

    So, nothing is guaranteed and granted in the world :) event after you get it.


    Best of luck.




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  • MerciesOfInjustices
    02-19 02:51 AM
    DLs are all managed at State level, but there is an effort to standardize it. My wife applied for DL/Learner's permit in AZ. We had H4 valid thru Aug 31, and an extension starting Sep 1, but they refused to give us the extended period. Their explanation - the software would not allow it. They could not enter information based on 2 documents because the Notice of the extension did not become effective till Sep 1. We had to go back & get it extended, and they did it without another test. But we had to pay another fee.
    And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!




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  • chumki
    12-18 02:21 PM
    gcwait2007 ,

    I was told that filing AC-21 memo to CIS is NOT mandatory under law.

    why do I "have to " to file it?

    one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140

    If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?

    Please advise your thoughts




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  • anilsal
    07-17 10:39 AM
    Here is my classic quote:
    Please accept my sincere "Shame on You" compliment, if you fit all of the following:
    a) Have a IV membership ID on the forums.
    b) Been visiting IV forums in the last 1-12 months.
    c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
    d) Will be benefited from IV work.

    I wonder how you can live with yourself benefiting from the sweat of others.

    To rectify this, please contribute asap. :)



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  • rockstart
    10-07 01:16 PM
    You were on dual status till Sep 30th which is AOS & H1B. From Oct 1st your H1B has expired but you are in country on AOS status. You have a valid EAD that will allow you to work. So no worries as far as status issue goes. I know many folks who have willingly let their H1B expire and moved to EAD.

    If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.




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  • nixstor
    12-09 11:57 PM
    Now where are the members in IL? Repeated requests passed to members returns no response!

    They are all in Valley lake dr in schaumburg... Devon Ave in downtown.. just kidding. 50% of people who live in valley lake dr (apt community) is H1b folks working for SBC/Motorola.



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  • jonty_11
    02-05 02:43 PM
    this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
    OK thx for the info.




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  • pappu
    06-02 10:58 AM
    I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??

    Airbusfan
    I had sent you a private message yesterday. .
    Without verification we cannot give access to anyone.

    Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.

    Ryan, Thanks for responding to the PM.



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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.




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  • omved
    10-03 08:59 PM
    I will be happy to provide any further assistance you may need..If not done so far, please do help IV by contributing some money and participating in different activities..
    My email is omved@yahoo.com

    Thanks



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  • Rajkrish9
    10-30 11:07 PM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

    OR

    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..

    Thanks,
    Raj.




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  • ca_immigrant
    05-10 11:49 AM
    applies to me too, as I came in this thread to read this post :D

    so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!

    BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)

    (transalation, hawaldar means police, I am requesting the cop to so something aobut it)



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  • perm2gc
    12-23 02:53 PM
    Hi All,

    Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?

    This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
    "State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"

    Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?

    Any help in this regard is greatly appreciated.

    Happy Holidays!
    All the very best to all of you.

    Thanks & Regards,
    ChakYour company has to send you the documents.Ask your company.They know what those documents are.

    Good Luck !!!




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  • mmeshref
    12-02 08:25 PM
    Even if I used AP for re-entry to US?



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  • krishna007
    05-05 03:15 PM
    I am similar situation (not laid off, but would like to change to employer other than one for which H-1B is approved) and spoke to a lawyer. You can apply for H-1B transfer even before Oct1st(H-1B start date). But, apply in premium processing so that your CAP-GAP benefit will not get screwed up.




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  • EndlessWait
    01-22 04:34 PM
    I would like to open this thread for those who are worried about the implications of using AC21 after 180 days. Lots of folks on several thread have either attempted to scare(any desi consultant ;) ) or are just scared!

    I would like to have ppl share there reviews and experiences but I assure you
    that AC21 is the law and your I-140 revocation has no effect to your on going process if you've done as required by the law as follows:

    1. Joined the new job in the same or similar category
    &
    2. Minimum salary as specified per approved labour

    So pls dont worry..be happy..love AC21! :D



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  • saketkapur
    05-07 12:43 PM
    Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
    You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.




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  • gyrog
    06-04 10:28 AM
    Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.




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  • bestin
    12-21 08:55 PM
    Thanks, Bestin.

    I have another question. If my I-140 is approved in next few days, how the status will change?

    Thanks in advance
    Ur status doesnt change unless u use your EAD.Again this is AFAIK




    belmontboy
    12-16 07:12 PM
    Hello Friends,

    I am travelling to INDIA on Jan 28, 2009.

    I am booking Lufthansa Airlines, travelling via Munich to Delhi.

    Visa on passport is expired but I do have approval of H1B till 2010.

    Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.

    Thanks in advance.

    TWOV (Transit Without Visa):
    Visa required, except for Those transiting to a third country
    by the same or first connecting flight without leaving the
    transit lounge. Warning: Transit only possible at Frankfurt,
    Munich, Hamburg and Dusseldorf Airports, see conditions below.

    - Nationals of India may use the TWOV facility mentioned
    above if holding a residence permit for U.S.A.. (SEE NOTE
    5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Nationals of India may use the TWOV facility mentioned
    above if being admitted for residence in the U.S.A.,
    holding Authorization for Parole of an Alien into the
    United States together with a national passport endorsed
    with I-551 stamp AND:
    - travelling to/from the U.S.A.; or
    - travelling to country of nationality. (SEE NOTE 5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Conditions: TWOV available, provided passenger:
    - is properly ticketed with a confirmed reservation for the
    connecting flight; and
    - within 24 hours, through Frankfurt, Munich; OR
    - on the same day between 04:30 and 23:30 through Hamburg;
    OR
    - on the same day between 06:00 and 21:00 through
    Dusseldorf, (inbound carrier must provide prior notice to
    authorities by fax: +49 211 421 37100 or SITA Telex
    DUSOVXH).
    And:
    - is arriving and departing from/to non-Schengen country;
    and
    - holds all travel documents required for entry into
    country of destination.
    Additional Information:
    - Visitors must hold visible means of support, onward/return
    tickets and/or other documents required for next
    destination.




    hpandey
    11-05 12:23 PM
    If she gets her H1 visa stamped while returning and then uses that to re-enter the country then even if the I-485 gets rejected then she can continue on her H1 visa and will not be Out of Status. That is a good strategy to maintain status with pending I-485.



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