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  • Nil
    11-04 01:34 PM
    {As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process. }

    Thank You for clarifying.
    After the new PERM is approved, is it possible to actually premium process the new I-140?




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  • GC_Optimist
    08-16 11:03 PM
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.


    I think this is incorrect. Since both the formats are different and in my
    application we validate SSN . which has completly different logic.
    Each number of SSN conveys a particular detail about the SSN. Where
    as we capture TIN also but that validation is completly different.




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  • vivekm1309
    04-07 10:44 AM
    Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.




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  • indyanguy
    01-14 09:15 PM
    Why dont we start an entrepreneur thread here on IV. I know it does not go in line with IV's goals, I can set up a forum real quick and we can get a group going there.

    Sounds like a good idea to me. As far as I know, there are a lot of IV members showing interest in this topic.



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  • Life2Live
    04-30 01:12 PM
    perhaps this will help.

    http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm

    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.




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  • gconmymind
    08-18 04:25 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.

    If possible, get the H1 visa stamped while in India. She can then enter on H1.

    I think there should not be any issues either way...



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  • vinzak
    01-04 11:34 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..

    When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.

    Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!




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  • milind70
    07-25 12:27 AM
    I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?

    Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
    The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
    As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.



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  • lotus26
    09-01 02:28 PM
    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

    I really for your help in Advance.


    Thanks,
    Lotus




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  • eyeswe
    02-11 06:23 PM
    Sidd_
    You can call your parents here for graduation. As someone mentioned an Univ letter will def make a difference.
    However "sponsoring" is a bit more tricky, given that you are on F1. If you hav steady income GA/RA you can use that to support.If you have savings from your OPT, you can use that as well. the thing taht is tricky is you do have to assume a certain amount of expense for parents for the period that they may be in US and compare that to your savings, if you are the sponsorer.
    Their rejections will be in the db and could be a bother, esp if you are the only child (not sure if that is in US or you have siblings in India). Your parents will need solid proof to convince that they intend to return.Something like a return airticket etc could make some difference
    My 2c. As always my note is not legal advice



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  • SNLive999
    06-11 05:46 PM
    Hello,

    I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.

    SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???

    1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )

    2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)

    3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.


    Thank you for letting me know.




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  • abhikal
    04-28 06:23 PM
    Hi guys,
    please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
    My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?

    Thanks for your help and replies



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  • vik352
    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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  • venky08
    05-30 06:38 PM
    my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
    so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.

    the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:



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  • Life2Live
    11-06 07:31 AM
    My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.

    My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.




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  • GlobalCitizen
    08-21 06:23 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.

    I am so frustrated and do now what to do.

    How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?



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  • indyanguy
    09-09 11:50 AM
    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..

    By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?




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  • god_bless_you
    03-17 09:23 AM
    GREAT !!
    Kudos!!




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  • purgan
    12-18 06:40 PM
    Immigrantion Restrictionist/Racists have been calling Congresional offices and pounding the privelege of their One vote each, so they can be spared of foreign competition even though US competitiveness goes down the drain. I guess each one to himself. Here are some of the more interesting conversations...

    ==


    Senator Kyl:
    Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
    attempt to ramrod an H-1B increase?
    A. Are you calling on behalf of any organization?
    A. Yes, the org's name is Sandra. I only have one vote and no campaign
    donations.
    "Very low likelihood of this passing, and in the future Senator Kyl will
    take into careful consideration such meansures."
    A. You haven't answered my question. Kyl has been a consistent supporter
    of H-1Bs
    A. Senator hasn't made a decision and is still considering.
    Q. How did the Senator vote on the H1-C two days ago?
    A. I'm not finding a record.
    Q. It was HR1285--on December 5.
    A. Oh, that was a unanimous voice vote.
    Q. So does that mean Senator Kyl voted for it?
    A. I can check, just a moment........it was a unanimous voice vote
    ================================================== ========
    Senator McCain:
    Q What is McCain's position on Cornyn's "dark of the night" attempt to
    ramrod an H-1B increase?
    A. He hasn't yet taken a position.
    ================================================== ========
    Senator Grassley (Casey Mills)
    Asked for Casey but aide couldn't find him
    Q. Does Grassley support H1-B increases?
    A He doesn't know.
    I gave him a rundown as if I were Debbie--nursing shortage is artificially
    created. Grassley probably voted for H1-C, etc.
    I retrained for a job after 20 years to go into nursing, and now find wages
    are kept low by foreign nurses.
    A. He'll pass concerns along.
    ================================================== ==============
    Senator Dorgan
    Express thanks to Senator Dorgan for opposing H1-Bs.
    ================================================== =================

    Sandra

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - male staffer got really annoyed when I
    asked him if Senator Coryn supports displacing well-educated American
    workers with Foreign H-1B Visa holders. He immediately passed me off to a
    voice mail box of a staffer who handles immigration matters. (Yes, I know
    H-1B's are so-called "non-immigrant Visas" but we all know most of these
    people end up staying here -)

    Of course the staffer did not pick up his phone - but the staffer's name is
    Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
    Bell, and ring Landon's bell a bit?

    Gerard

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - stated my opposition of course. The
    person I spoke with said that Cornyn was trying to get his bill introduced
    today, and he was not sure if it would be voted on today.

    Hopefully Cornyn fails. I think he is getting our message, but I also
    think he does not care.

    Roy

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    Maybe you all have different information that I just obtained from both
    Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
    office (Democrat) -- both of New Mexico. But both of their offices claim
    that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
    committee yet and thus cannot be voted on yet. (It is certainly possible
    that you all have different or better information than was conveyed to me
    but this is what I obtained.)

    Domenici's office staff person couldn't tell me which side of the fence he
    was on as he hasn't "made a press release" yet. And, as long as it is in
    committee he apparently doesn't voice an opinion.

    Senator Bingaman's office staff also told me that he had not expressed an
    opinion to him on his position on the bill. The young, female staff woman
    who answered the DC phone seemed STUNNED when she pulled up the bill and
    started to read parts of it. She thought they'd have to take some kind of
    special test to get into the USA for these jobs -- no. I only wish she
    were casting a vote as I know how she'd vote! Again, she told me that
    the bill was not out of committee YET and the Senators are going home
    tomorrow afternoon. They are doing "yesterday morning's" work tonight or
    some such backward thinking. There has been no floor debate on the bill so
    the staff claimed would mean there will NOT be a vote on the bill tonight.
    No one would guarantee me that NO voting would take place tomorrow but did
    say it was UNlikely.

    Finally, when I got to the staff woman in DC she was a bit surprised
    because someone had called her on the bill from one of the Senator's New
    Mexico offices. (A bit strange unless it was my calling the Senator's 800
    number which connected me some place in New Mexico and they called the DC
    office for information regarding my inquiry.)

    (BE careful when you call, however, one Bingaman's staff males that I
    spoke with tried to give me the WRONG Senate Bill number reference. He
    asked "This is Senate Bill 2626?" I said "The one I am calling on is
    "Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
    bill has been reassigned a number that I don't know about -- I am calling
    on the Skil Bill "Access to High Skilled Foreign Workers.")

    Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
    Republican sponsored bill!"

    Cynthia

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I, too, phoned Cornyn's office and the person I spoke with kept insisting
    that the H-1B's had to be paid the same as Americans and then he said the
    senator wants to make America more competitive by bringing in skilled
    workers. I directed him to Norm's article in the San Francisco paper and to
    the Programmers Guild. I asked him how it would make our nation more
    competetive to bring in a worldwide supply of cheaper labor to take our
    jobs. Silence.

    LC Evans
    http://lcevans.com
    Jobless Recovery
    A satirical novel about American job losses




    Jerrome
    03-10 10:54 AM
    My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.

    While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.

    When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.


    I had to apply for the extension because i did't have any proof with me for my wife on the i-94.




    NKR
    02-18 11:32 AM
    And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

    But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
    Fear of recession may also reduce new H1B visa demand.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..



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