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  • Robert Kumar
    02-25 10:06 PM
    Robert

    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

    HRPRO

    What happens if premium processing is done at this stage.




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  • TomPlate
    11-26 08:09 PM
    As per my company if you do not carry AP and your green card is approved and you enter using H1 you will invalidate your green card.

    If your green card is approved and you use AP to enter no problem.


    That is why AP is for




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  • go_guy123
    01-12 05:30 AM
    Why is that? What if I have a job offer from a canadian company and they sponsor me?

    canadian companies dont sponser visa




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  • Googler
    02-20 09:58 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.

    Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.



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  • 485Mbe4001
    02-18 07:55 PM
    If anyone is from Augusta and wants to put up flyers in the temple there please send me a PM. I might be able to help.




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  • coolpal
    03-20 09:21 AM
    Hi,

    I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(

    I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:

    I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:

    pal :)



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  • nrmarrivada9
    03-30 03:07 PM
    If the intent is only to study, then she can pursue on H4 it self. And there are advantages to that.
    1. She can be under registered (as a full time student on F1 she must register for 12 credit hrs each sem. She will be out of status if she couldn't get a class or if a class is cancelled).
    2. Most of the univs. charge in state fee if the student is on H4 and has been in that state for more than an year. Therefore, the fee expenditure will be reduced by say 4 times
    3. Change to F1 in the last sem. and that makes her eligible for OPT.
    4. Reach me on nrmarrivada@yahoo.com, if u have further questions.




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  • sumanitha
    12-16 06:53 PM
    Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?


    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles



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  • kothuri
    07-27 09:54 AM
    All,

    I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item

    "If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"

    I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.

    Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?

    Please let me know

    Thanks
    -Sri




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  • snathan
    04-21 07:14 PM
    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?

    I do not know what you are trying to achive by porting from EB3 to EB2 with PD of sep 2008. I am not sure if you understand the meaning of porting.



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  • Matt Peru
    08-16 10:42 AM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.




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  • GKBest
    10-31 02:19 PM
    I will take an Infopass. Did you get a new Card or they just corrected in their system?

    Will update you once I get there. I just took my lawyer's advise.



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  • ivgclive
    04-23 06:09 PM
    I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
    Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.

    You are most welcome.

    Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.

    It is like "I filed I-485 last week, anybody on the same boat".

    Wait for few days, get the letter, read it, understand and ask questions.

    Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.

    Go ahead.




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  • ajp5
    02-25 12:56 AM
    Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.




    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
    If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
    Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
    I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.

    Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice

    Thanks a lot for your time. I appreciate your help in this regard.



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  • simple1
    06-03 05:57 PM
    Again Fake question.

    Arent you guys tired of asking these fake questions ? Get a life that is worth living.

    Hi All,
    My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.

    For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.

    Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low

    Please give me your valuable suggestion

    Thanks




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  • lccleared
    04-15 10:14 AM
    We had the same situation and ones got rejected.

    By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.

    Hope this helps out.

    Thanks.



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  • ss2005
    06-17 04:12 PM
    Hi GCCovet,

    Thank you.

    I did H1 transfer and notified USCIS abt my new job.
    My old guy is not going to revoke it and also agreed to use the same attorney.




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  • desiron
    08-13 11:20 PM
    As per Murthy web site today:

    Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
    Posted Aug 10, 2007 (1:45pm ET)

    Thanks
    Ron




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  • frostrated
    08-10 08:51 AM
    Thank you. Parent is doing fine.Slowly recovering.

    GC? no..I don't think I am going to get GC even this time also.
    We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.

    I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)


    So as it stands, I have become a sucker this time also.:mad:

    It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.

    So, if you do not get greened by end of this month, raise another SR request or take an Infopass.




    yogirajd
    11-09 09:22 PM
    I appreciate and very thankful to you all for affording your valuable time in replying with suggestions to my queries.




    sweet_jungle
    10-23 01:34 PM
    So is it conditional GC??

    Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
    so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.



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