Wednesday, June 15, 2011

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  • SunnySurya
    08-21 02:31 PM
    Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
    Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�




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  • gman
    07-29 01:45 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!




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  • newuser
    05-10 09:34 PM
    We recently had the same problem for my in-laws appointment (Hyd). The calendar shows the dates are avaiable, but when we are about to make the actual appointment, the hyperlinks are missing on the calendar. VFS did acknowledge this issue when I called their customer support no. There said to try after couple of hours ( or may be days) and it did work.

    Save the applications and try to schedule the date at a latter time. Call the customer support no on VFS website. Sometimes they would to try to schedule appointment. In my case, it didn't work even for the Customer Service Rep also.

    Best of luck.




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  • hmehta
    07-13 07:52 PM
    All,

    My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.



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  • sbmallik
    06-09 03:33 PM
    You can try in Canada / Mexico / Bahamas.




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  • gc_buddy
    01-20 06:15 PM
    I think you should be fine. My understanding is that USCIS would look at your pay stubs to determine if you have a gap. As you will have continuous pay stubs before and after the HI transfer, you should fine...

    I will let other senior people comment too...



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  • EndlessWait
    09-08 12:02 PM
    so why complain.. ofcourse just kidding! , no pun intended




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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.



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  • vnsriv
    04-07 04:50 PM
    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help

    Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice

    Best of luck




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  • satishku_2000
    08-01 06:21 PM
    Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
    Wish you all the best


    I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...



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  • Jaime
    03-29 11:07 AM
    Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)

    Best of luck to all!

    MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)




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  • yabadaba
    06-22 03:20 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    Calm down..its there



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  • sathyaraj
    12-12 12:40 PM
    Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.

    If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.

    http://www.onetcodeconnector.org/ccreport/15-1051.00

    If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.




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  • rkat
    08-16 04:39 PM
    Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Thanks..!



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  • DSLStart
    09-16 02:33 PM
    I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas




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  • forgerator
    10-23 11:11 AM
    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

    secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?


    thanks n sorry for the multi threads !!!!

    I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.

    Read my full story here :)
    Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)



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  • coolest_me
    05-06 11:33 PM
    Hi,

    We just got the RFE on our application regarding the Medical. We did completed all the vaccination that were required. I am not sure what USCIS is asking us to complete. Does anyone has any experience about this kind of RFE..




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  • gumpena
    08-03 10:29 PM
    I am not sure whether it is a typo ..but look at the I-765 (EAD) update is upto JULY 2...




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  • Ennada
    12-16 11:25 AM
    Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.

    ~GCA

    Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.




    raj1998
    05-19 10:09 AM
    In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
    I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved




    sss9i
    07-21 12:12 AM
    Bump up



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