Sunday, June 26, 2011

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  • pappu
    08-15 04:07 PM
    Pappu,
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
    I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.





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  • kirupa
    01-24 10:07 PM
    Hi Matt - no problem. I am currently on a computer that doesn't have Flash installed, so would it be possible for you to e-mail me your SWF file [kirupa.at.kirupa.com].

    If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.

    :)





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  • md2003
    03-14 09:41 AM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.





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  • Winner
    04-21 02:26 PM
    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.
    Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.



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  • anandrajesh
    02-06 10:35 PM
    How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

    Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

    Sorry I am a moron.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.





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  • wandmaker
    11-05 10:43 AM
    ......
    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

    You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    ...
    If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
    ...



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  • KanME
    11-14 09:30 PM
    The December bulletin is extremely frustrating.

    Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.

    Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..





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  • maheshf
    07-30 05:07 PM
    I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.

    Primary applicant's first.. dependents later.

    Any one got approval for their dependents yet?



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  • silk2fire
    10-15 01:51 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(





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  • newuser
    05-10 09:34 PM
    We recently had the same problem for my in-laws appointment (Hyd). The calendar shows the dates are avaiable, but when we are about to make the actual appointment, the hyperlinks are missing on the calendar. VFS did acknowledge this issue when I called their customer support no. There said to try after couple of hours ( or may be days) and it did work.

    Save the applications and try to schedule the date at a latter time. Call the customer support no on VFS website. Sometimes they would to try to schedule appointment. In my case, it didn't work even for the Customer Service Rep also.

    Best of luck.



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  • ilwaiting
    06-15 03:30 PM
    There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

    Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.





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  • SunnySurya
    07-17 08:21 AM
    Let us make a real history then. I am assuming GCKabhayega can open a new account under different handle. So why not GCKabhayega ask people for more reds so that atleast your this avatar becomes the most despise handle in the history and future of IV!!!
    GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:



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  • milind70
    07-24 08:37 PM
    Hello,

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    Thanks
    It would be better to get affidavits from your parents ,if u submit without affidavits u might get a RFE and this might delaying your process.





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  • pmat
    07-21 10:32 PM
    I don't have an answer for your question. But why did you apply for 2 H1B visas at the first place? Because of this somebody who may have been a genuine candidate couldn't have gotten visa in the lottery.

    I hope that other members will answer your questions.



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  • h1b_forever
    10-01 12:09 PM
    I am the primary applicant.
    But AP seems to be going the other way. I got my approval. My wife hasnt yet.





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  • gcisadawg
    04-13 10:22 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    You have multiple options.

    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg



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  • DSLStart
    09-16 02:33 PM
    I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





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  • duttasurajit
    10-17 11:41 AM
    Hi,

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?

    Thanks,





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  • sam_hoosier
    12-11 02:50 PM
    guys,
    I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

    I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...

    Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.

    You should consult a lawyer.





    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





    priti8888
    10-17 07:17 PM
    In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.

    thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.



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