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  • iamvenkat
    06-20 01:23 PM
    I was working for company A as a Title X through H1 B visa
    And company A filed my GC sponsorship petition with title Y and I-140 cleared.
    I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)

    But Company A revoked my EB based sponsored petition.
    Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y

    Please clarify





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  • bsbawa10
    09-06 03:50 PM
    USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.

    USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.





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  • paskal
    03-15 06:17 PM
    The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
    After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.

    As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....





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  • hiralal
    05-10 07:39 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!



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  • GC_1000Watt
    05-20 12:52 PM
    Hello Gurus,
    I am planning for H1B visa stamping at Mumbai consulate in July this year. I am not aware of the current extension process. I will appreciate if anybody can share his/her knowledge on the same.

    FYI: I have got my first H1B extension for the next 3 years & i am with the same company all this period.

    As far as my information goes, i will first have to get HDFC receipt by asking somebody in India to fill the visa fees on my behalf. and then I have to fill DS156 & DS157 electronically?

    Kindly share your knowledge, thoughts and advices.

    Thanks in advance.





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  • smiling08
    09-12 12:21 PM
    I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!

    your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
    so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.

    since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.

    hope this helps



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  • Munna Bhai
    08-30 06:41 AM
    Today i got REF regarding my GC .
    USCIS is asking me to provide following:

    1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
    2)Copies of all US Federal Tax retuns ever filed.
    3)Copies of first and last pay stubs of all US employers.
    4)Birth Ceritificatates
    5)Marriage cetificate and cermony photos.



    I have all documents except my first paycheck of the first employer.

    I came to USA in the year of 1999 without my employer permision.
    I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

    Only problem is , i stayed 8 months in the USA without job(without status).


    Between 1999 to 2007 i visited inida 4 times without any issues.

    USCIS is asking me submit my first paycheck. - I did not work first 8 months


    Anyone can guide me how to handle this case?.

    If i tell my employer was not paid first 8 months will that be any problem?
    And what are chances of get my GC.

    Please help!

    Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.





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  • Azgc005
    07-19 09:04 PM
    Provided your future employer is willing to transfer H1-B



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  • rkumar18
    11-21 11:23 AM
    Cubans are politically active and highly vocal in advocacy of their cause. Are you?

    No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.

    Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.





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  • webm
    04-01 03:46 PM
    I faced there are times that Email notification trigger didn't worked as expected.:(



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  • gc_buddy
    01-20 06:15 PM
    I think you should be fine. My understanding is that USCIS would look at your pay stubs to determine if you have a gap. As you will have continuous pay stubs before and after the HI transfer, you should fine...

    I will let other senior people comment too...





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  • sandy_anand
    04-07 09:25 AM
    I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam

    There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007

    Kate, do you personally know the two cases? Just curious. Thanks!



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  • NikNikon
    July 27th, 2005, 05:25 PM
    Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.





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  • Krilnon
    03-06 10:21 PM
    I voted for mlkedave... It seemed to be the most realistic version of what would actually exist.



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  • Maverick1
    08-13 11:25 AM
    If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

    Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.





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  • trueguy
    08-08 06:44 PM
    How about extending the poll to include Dec'04 ?

    I thought about that my friend, but chances of EB3-I going beyond 2004 are very slim. Sorry, if I hurt you by saying this but we have to accept the reality.

    Thanks.



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  • goodiespan
    11-30 01:42 PM
    Hi everyone

    My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.

    Our experience:
    Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
    Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
    Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
    Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
    Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
    Which employer?
    How long on H1B?
    What do you do?
    Has immigration petition been filed? (Yes)
    Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
    Why stamping in Canada?
    Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
    Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
    Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
    We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!

    Please feel free to ask any question! Good luck!





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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • ivjobs
    11-10 06:59 PM
    Folks, There are some hot discussions going on in the forum, if this area is something interesting to you why dont you join us in the group...

    http://finance.groups.yahoo.com/group/ivstartup/





    r_ferns82
    03-07 08:24 AM
    I voted for mlkedave. I liked it the best among others.





    WeldonSprings
    01-29 12:42 AM
    Also, the E-Verify bill was supposed to expire this March 06, 2009; but has been extended by four years because of the House Stimulus Bill. It is still in the senate. It has to be stopped.