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nayekal

02-17 01:02 PM

Nayekal, Thanks for your response.

What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.

Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.

Thanks...

I can't answer this question.
I believe you should talk to your lawyer about it.

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ivar

06-18 10:41 PM

I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

Any suggestions from the gurus?

I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

For people who filed motion or an appeal, could you please post your feedbacks/experiences?

also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.

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amitga

08-27 01:22 PM

Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

BTW: It's a nice big and open facility!

How long you had to wait?
Where is the office located in Detroit?

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fatjoe

09-05 12:48 PM

I called USCIS, (BTW Divakar: the phone menu options you specified was very useful), the Customer Rep. gave the Rec # for my EAD and AP, and she told me that it would take upto 90 days to get the Receipt Notice. I asked them about I-485, the customer rep. said that the data entry for my I-485 may not have completed, as my I485 info was not on the computer, so she asked me call after 90 days.

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sircaustic

07-24 08:49 AM

so should I be answering "Yes" to all three questions? No sure if that would be correct though...

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rr_immaculate

08-04 11:58 PM

My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

I noticed that the bottom part of the 797 has the same number as my old I-94.

I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.

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GC4US

11-02 02:10 AM

Got Ead on Nov. 1st, please see my signature.

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donsimahajan

06-20 05:46 PM

The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.

That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.

Donsi

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milind70

08-08 11:43 AM

It was less than year. See answers below..

I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.

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skgc

04-08 03:45 AM

i am not a lawyer, so what i state here is from my personal experience. i have been to hawaii on an H1B 3 years ago. there was absolutely no problem anywhere. its like flying to any of the 48 mainland states. no one asked for passports anywhere ( i did not even carry it).
I ofcourse flew to hawaii, but i have taken cruises to mexico.

as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.

since you are boarding from US, visiting an US state, coming back to US, there should be no problem.

-sk

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USDream2Dust

09-24 10:13 AM

but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

We had lost 13 valuable days because of address they used in RFE.

Good Luck.!!

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gc_kaavaali

07-19 07:47 AM

As far as my knowledge is concerned Change of address triggers Soft update on pending applications (If you change for pending applications also). This happened to my case also when i changed my address last year.


Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram

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kalyani_kontham

06-27 02:36 AM

Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.

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Hey Ram GC

05-05 04:18 PM

Are BHAI, kaise karu
I tried but could not,

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12-13 02:00 PM

Hey Guys, count me in too

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MetteBB

05-11 01:25 PM

on which one? all of them?


appreciate the comments/critique :pleased:

/mette

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webm

10-01 12:04 PM

burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?

In this case is it not their duty to send FP notice and reason for not approval delay?? Its really a crazy situation esp during one's PD current and visa's available before its U or retrogresses...:( Damn CIS..

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morchu

04-29 09:45 AM

Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.

Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.

Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

Business Analyst:Finance,Health care,ERP,Insurance

QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc


All the above jobs are paid average $110k(Minimum 90k)

My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

Thanks for reading my post.Any inputs will be appreciated

Thanks
h12gc

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chakalov

07-31 05:04 PM

Every time you use your credit card they ask for photo ID.

I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)

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GCwaitforever

06-20 03:13 PM

The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.

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