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  • greenerpastures
    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.
    MScapbust,
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck





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  • milind70
    04-01 05:58 PM
    Folks,
    I checked my status online today (4/1/2008) and this is what it says:

    "On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

    I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

    My Situation:

    PD - Feb-2005
    Labor - Approved
    I-140 - Approved

    I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

    I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

    So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

    I am thinking that it might be the FP appointment but I am not sure.


    -Bipin

    I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
    I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
    It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps





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  • breddy2000
    12-16 12:22 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    It quiet common that each office follows different rules.

    No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.





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  • chaukas
    08-28 03:20 AM
    Have sent several mails , but to no avail ....



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  • willigetgc?
    01-27 12:12 PM
    Promoting Visibility

    http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot

    <a href="http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot">Immigration Voice: President's Vision On Immigration &quot;In The Right Direction&quot;</a>

    Members can use this code in their blogs, facebook ..





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  • WeShallOvercome
    07-23 04:44 PM
    well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.


    I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)



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  • ragz4u
    01-30 09:55 AM
    Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245

    I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.

    At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye





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  • lkapildev
    07-12 05:27 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.



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  • sendmailtojk
    04-04 03:47 PM
    Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.

    With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.

    Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!





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  • arc
    06-17 02:33 PM
    AC 21 allows you to change jobs 21 times. :)

    come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

    When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?



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  • trueguy
    07-17 11:06 AM
    Admin should have closed this thread by now.

    Thanks.





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  • rbalaji5
    02-09 04:12 PM
    Hi Bojja,

    Do I need a canadian visa to go to Canada.?.

    Thnx.



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  • gbof
    06-30 01:49 PM
    so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)

    From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...

    pal :)

    I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.





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  • WaldenPond
    06-30 05:45 PM
    Hello baleraosreedhar,

    FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.

    For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
    I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).

    There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.

    If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.

    Just my 2 cents. Hope this is useful.

    WaldenPond




    Hi Gurus,

    I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

    My company has filed for my I140 and it got approved.

    I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

    I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

    I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

    Thanks



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  • saibaba
    10-01 11:28 AM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx


    hi there:
    why you are sending it to IL?
    Didn't they mention about return address in the returned package?





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  • Eberth
    10-13 04:28 PM
    :(



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  • TexDBoy
    09-10 09:32 PM
    I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
    and ... It is always least riskier to go to the consulate mentioned in the H1B application ...





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  • GabonpharmD
    04-16 12:00 PM
    See my answers in red

    Thank you so much for your details answers. Thank you!!!!!!!

    I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.





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  • sharadara
    09-01 12:05 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada





    .soulty
    03-30 04:00 PM
    when is this thing going in completed battles? Just wondering...Poll closed and moved to completed battles..

    congrats everyone, nice work. ;)





    desidude
    08-04 02:48 PM
    Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...



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