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  • dingudi
    03-09 03:34 PM
    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.

    Please go through the following thread. This is recent:
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951

    Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.





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  • eb3retro
    02-16 09:56 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David


    take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.





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  • deardar
    09-14 03:38 PM
    i hear as if some aliens are speaking .





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  • sumant18
    07-17 08:52 PM
    I've had enough waiting for more than a year now for this. It would help if somebody else can confirm a letter like this if they have received it also.



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  • ragz4u
    05-23 10:46 AM
    This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention

    Thanks a bunch Salil.

    Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)

    http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#





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  • gc_dedo
    06-14 05:47 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)

    I am also not sure why the need for Consular Processing.
    Why cant CIS update existing EB3 485 to new approved EB2 140.



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  • nixstor
    03-05 03:19 PM
    I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.

    Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.





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  • amitjoey
    04-16 04:02 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
    I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
    I am not worried at all.

    Hearing about a lot of denied I-140s- No basis.
    My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.



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  • ohguy
    09-27 08:56 AM
    As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.





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  • asdfgh
    10-15 03:03 PM
    Lawyers havent received notice yet either...does CSC only enter receipt dates or do they process EAD, AP etc. as well prior to transfers?

    as far as i know CSC sending the transfer notices after issuing the receipts. Did u check with ur lawyer for receipts? .



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  • dbevis
    May 17th, 2005, 06:33 AM
    There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)





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  • Munna Bhai
    12-14 09:42 AM
    Munnabhai,

    I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

    If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.



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  • stirfries
    12-01 06:28 PM
    Hello,

    My case is unique. We applied for our AP(for both myself and my spouse) through our Attorney on October 21st and the online case status for our AP petitions changed to,
    "Document Production or Oath Ceremony" on November 16th.

    Our case notes also said,

    "On November 16, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283".

    It has been 12 Postal business days since the document was mailed out and our Attorney is yet to receive it.

    Today I called up USCIS customer service enquiring about my petition. I was told by the CSR that, the "Document Production" doesn't necessarily mean that the document was sent out. It merely means that the Petition was approved and they have moved on to the next step of "Producing" / "Printing" the actual document and once it is produced/printed, it would be mailed out. She also asked me to call them back, 30 days after November 16th, if I still didn't receive the documents.

    Whatever the CSR said, contradicts the case notes which clearly says, the Document was mailed out.

    Any advises on what I should do?

    I have an upcoming Travel by last week of December and I would really like to have my AP document on hand before I exit out of the the country.

    Any clues or advises would be highly appreciated.

    Thanks,





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  • webm
    02-13 04:22 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks


    One more criteria is,If your 485 Notice Date falls prior to the processing dates (respective Processing Centre) as well THEN you can expect adjudicated in or after March depends on your Luck..

    This criteria was mentioned in one of the recent thread in this forum..



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  • KKtexas
    11-25 04:31 PM
    vxb2004,
    Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.





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  • satyasaich
    07-21 09:14 AM
    When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
    it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
    That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.



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  • rolrblade
    07-27 02:21 PM
    You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

    But you are correct for RD :)

    I disagree. If his check has a date of less than 180 days, it will be cashed. He simply said the forms to be signed as of 1995.

    :D :D :D





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  • GCwaitforever
    03-07 04:28 PM
    I saw something like April 30th of this year. Please post your comments opposing this fee increase.





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  • satishku_2000
    10-05 07:03 PM
    "How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"

    Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.

    Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...

    One can present a contradictory argument much more eloquently too.

    You have to keep in my mind that "there is no premium processing available for 140 now".

    Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....

    Good luck with your journey .. you have a pretty long road ahead of ya





    vxb2004
    07-26 07:18 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    Processing of your EAD and AP is independent of your 140 status.





    apb
    07-27 01:04 PM
    If NSC had put all applications from July 2nd to July 17th on hold.
    Did they open and timestamp it ? for received date ??????

    If they did not , then I may be lucky.
    Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

    Do you guys think ? they might see this and enter it as received date ?

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf



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