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Wednesday, June 8, 2011

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  • perm2gc
    01-08 03:30 PM
    How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
    The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..

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  • Raj_2009
    12-16 03:37 PM
    Hi experts,

    I need some expert advice for H1B transfer case and vacation plan.

    I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

    Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

    Legal opinion
    But my attorney says that

    1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
    2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


    But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

    I have few below questions regarding the situation that I have. Kindly answer my questions..

    1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
    2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

    3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
    4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
    5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
    6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.

    Kindly provide your honest opinions so that I can take my decision for my future.


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  • singhsa3
    06-02 03:54 PM
    What is the basis for the answers? Please provide some reference.

    I thought that answer to
    Q1: Yes they need to re do I-140
    Q2 : Regular timeframe

    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month

    Not so Happy scenario and reality

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months

    3) If they have to file I 140 again for this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated

    We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives

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  • hibworker
    12-17 02:23 PM
    There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.


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  • extra_mint
    10-12 08:47 PM
    Question is why make it mandatory ??

    There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!

    I think it is safe to assume that answer is NO

    We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.

    By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)

    I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.

    lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
    To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.

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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.


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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now

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  • Phogs
    06-23 10:00 PM
    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.




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  • anu_t
    07-24 01:19 PM
    If one has a copy of 140 but it has been revoked (no fraud) , when applied for porting how does USCIS finds out the cause of revoking 140? Does USCIS has some kind of data regarding that?
    Like what if the labour has been substituted? How one will get this information?

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  • prince_charming
    11-30 01:05 AM
    Hi Prince,
    Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
    I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?

    Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.

    Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.

    And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.


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  • desi3933
    06-22 07:40 AM

    Can you pls help:

    My wife is currently on H4.
    She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

    Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

    Questions are:

    1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

    2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

    I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

    Please advise and help - thanks in advance.

    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Good Luck.

    Not a legal advice.
    Permanent Resident since May 2002

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  • Ven
    01-19 06:46 PM
    did u request a change, ex address change,..


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  • EB3Ind
    08-20 01:25 PM
    It not a computer glitch for sure. As the explanation goes like this:

    we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
    Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.

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  • ryan
    04-27 01:11 PM
    The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.

    More... (

    That article isn't comparing apples to apples . Corporate tax is one form of tax. However, GE and its units pay billions in several other form of taxes, which can be used in part, to offset corporate tax.

    Also, IMO this statement negates the article itself -- "$8.4 billion in sales taxes, $1.6 billion in property taxes, and $1.2 billion in personal income taxes last year"

    The illegal folk paid more in sale tax than income tax -- MEANING what exactly? The LARGE majority did not file / pay Income taxes. Period. Who are they kidding here with the sort of agenda filled write ups?


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  • Queen Josephine
    May 25th, 2005, 06:45 AM
    So here are three more from the same "session" last evening which do include some foreground framing/interest. (slight adjustments on these to levels, color, etc. no cropping though)


    Number 3 is by far the better pic to my mind. Re: Destroying your cloud....
    yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.

    In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.

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  • srikondoji
    07-23 02:15 PM
    Why the heck you want to track, if there is no significance?
    Wastage of time and server resources.
    Please stop/limit the nonsense.

    For rest of the folks......
    Don't ask for cashing of cheques, receipts for july filers etc. When such a thing happens, people will shout out with a new thread anyways just to highlight it.
    So, please don't start the threads for now.

    There is no significance, just to track


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  • pappu
    08-04 02:42 PM

    May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
    yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.

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  • a_yaja
    08-07 09:30 AM
    I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.

    Your LC will not be processed. It has already been processed and approved. Only your I-140 will be processed and if approvable, then it will be approved. Depending on your priority date, your I-140 and I-485 may be processed at the same time and approved at the same time.

    This is how I understand Substitute Labor will be processed for I-140. I may be wrong.

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  • smarth
    10-25 12:11 AM
    recently i got my H1B extension. Going to India for visa stamping in my passport.
    Can you please tell me if I book tickets suppose Lufthansa which halts @ Frankfurt, will I be getting any problems because I am not having visa stamping? Do I need transit visa?

    Do I need to book direct flight to India?


    12-22 08:48 AM
    Bumping it up again:
    Pls. try to come for this meet and you will know more about our current I485 push and our upcoming plans. We urge all NY, NJ and CT members to try to make it to this meet. PM Anurakt in advance so that you can confirm your attendence and get his contact.

    10-20 10:34 AM
    Thanks for posting this. My I-140 was applied in May 2007 and I have not heard anything. USCIS says it has processed until July 24, 2007. What a bunch of lies.

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