Tuesday, June 14, 2011

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  • rackinghengxin
    04-21 07:21 AM
    I see your point, the topic above is debatable, and however, I am in your corner. Pallet Racking (http://www.rackingchina.com)




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  • TeddyKoochu
    06-25 04:42 PM
    If you look at the typical client letter RFE they normally state that your comapny is in consulting practice. So if your comapny's product development practice is big then try to file the new H1 with a detailed covering letter which detail both comapany practices stating that you will however work in product development. For your specific project try to have project plans or MPP showing your role as part of your petition details over the project duration. All the very best.




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  • bestoption
    05-19 11:14 AM
    The address listed on the E-file generated receipt/Document is P.O. BOX 852401 in Mewquite, TX 75185. Is there another physical address of USCIS for e-filers of EAD to send the supporting documents by courier/FedEx.




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  • learning01
    05-22 12:48 PM
    It is their level of competence and their best.

    Who are you (or we) to label them otherwise. LOL.
    No mention on incompetence on part of DOL?



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  • dollar500
    08-06 06:27 AM
    Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.

    Although you might be right about the movement.




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  • royus77
    06-20 04:54 PM
    Yes. You can go for H1b stamping even though you applied for 485 . Not sure above your 2 ns Question



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  • tikka
    08-07 11:31 AM
    how bad can that be.. :D

    any other tri state members want to be a part of IV?




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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..



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  • bazuka6
    10-20 09:14 PM
    I seriously think IV should take specific instances of past delays due to FBI checks and USCIS delays and highlight these.. A letter campaign supporting Mayorkas should be sent to senatiors.

    Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays




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  • ItIsNotFunny
    11-17 11:41 AM
    Don't need to be hard on him. There could be genuine friend or there are reasons why people don't want say its them.



    Why are you so scared of posting by saying that this problem is with you. Why do you have to bring your friend in. If it is really for your friend, then why cant he come and ask himself.

    I wish I had a friend like you who will find answers to my immigration problems ....



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  • gc007
    01-07 10:44 PM
    I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.

    With the recent changes of de-coupling H1 & H4.......

    My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?

    Appreciate any responses on this. Thanks




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  • pappusheth
    05-01 11:40 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth



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  • rameshvaid
    05-27 10:46 AM
    Talk to your Local "state" Congressman(woman)/Senator.

    I will certainly do that..

    RV..




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  • imh1b
    03-31 01:08 PM
    For once, I like what Grassley is doing.

    Not all L1 is bad
    Not all H1B is bad
    Not all consulting companies are bad

    So why are we behaving like crabs?
    Think from a perspecive of a legit L1 visa holder too

    To anti Immigrants even your greencard is bad.
    He will be happy if your greencard is made painful
    Will you rejoice then?

    What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?



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  • satishku_2000
    08-23 10:01 PM
    Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



    Memo accoring to murthy.com

    http://www.murthy.com/news/n_restim.html

    USCIS Clarification on Response Time for RFEs/NOIDs
    Posted Jun 22, 2007
    �MurthyDotCom
    The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
    �MurthyDotCom
    The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
    �MurthyDotCom
    TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
    �MurthyDotCom
    Missing or Incomplete Initial Evidence
    �MurthyDotCom
    According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
    �MurthyDotCom
    The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
    �MurthyDotCom
    I-539 Requests to Extend / Change Nonimmigrant Status
    �MurthyDotCom
    The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
    �MurthyDotCom
    OTHER TYPES OF RFE RESPONSES
    �MurthyDotCom
    Evidence Available within the U.S. : 42 Days
    �MurthyDotCom
    If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
    �MurthyDotCom
    Evidence to be Obtained from Abroad
    �MurthyDotCom
    If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
    �MurthyDotCom
    CONCLUSION
    �MurthyDotCom
    It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!




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  • TeddyKoochu
    09-25 11:30 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.



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  • JSimmivoice
    01-24 05:51 PM
    Ann & Others, thanks for your valuable inputs, My visa stamp on my passport expired last week but I do have a valid extended I-94 from my extended H1 petition. So I'm getting the option from Company A to go US Consulate in Abroad, get restamped based on my current valid H1 Petition from Company A and enter US using it and join Company A directly which will clear all problems including the unauthorized employment.




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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.




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  • valuablehurdle
    01-18 10:37 AM
    Ria,

    This not correct. if you are on H visa in USA, you can definitely apply for Canadian Landed Immigration. In order to maintain your immigration in Canada, you have to stay atleast 2 years in Canada in a 5 year period.
    Moreover, in order to fulfill your citizenship requirement, you have to be physically present in Canada for atleast 3 years.

    I hope this helps.

    A Canadian Citizen.

    ---------------------------------------------




    jindhal
    05-16 05:44 PM
    I also called Sen. Menendez regarding the Murray amendment and talked to someone a lady.




    dpp
    07-11 11:06 AM
    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.



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