Tuesday, June 14, 2011

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  • chillfakter
    02-11 08:45 PM
    Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?

    One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.

    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!

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  • makemygc
    04-17 09:45 AM
    How did you find what job code your labor was applied for?

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.

    also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...

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  • VenuK
    07-10 02:43 PM
    Hi Dhundhun,

    Thanks for your response.
    to your question:

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.

    VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.

    advices are always appreciated

    Pls let me know...

    With Thanks,

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  • gckidhamal
    11-19 02:50 PM


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  • WeShallOvercome
    07-23 04:51 PM
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.

    not forever !!!!!!

    What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?

    If they could keep us at their mercy FOREVER, what is AC21 for ?

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  • chanlal
    07-31 11:50 AM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    Pls answer the above 3 questions.


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  • WeShallOvercome
    07-24 07:26 PM

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    You should be fine... at the most an RFE to clarify the confusion...

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    07-12 10:47 AM
    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.

    I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time


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  • deecha
    08-06 11:17 AM
    I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.

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  • GotGC??
    01-13 12:04 AM
    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"

    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...


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  • rahulpatel
    08-14 04:26 PM
    Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
    The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
    I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????

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  • p_kumar
    07-16 10:08 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....

    Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

    my PD Oct 2003, EB3
    I-140 approved like years ago(Atleast seems to me.)


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  • franklin
    06-22 08:35 PM
    Seriously - give the amount of time and money each one of us spends to get a greencard, are you really that concerned with the difference of a few dollars on some photos?

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  • okuzmin
    08-27 04:04 PM
    Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

    NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

    I'm almost done with my Canadian PR process and moving with my family to Calgary in October.


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  • snathan
    05-04 11:24 PM
    I would also recommend to go through an attorney as the cost is not worth to lose your status...

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  • knowDOL
    06-05 11:26 AM
    Yes, looks like they removed the timeframe hopefully it is for good. but lets see. May be after the bi-specialization case transfers they removed.


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  • svm
    08-31 12:10 PM
    I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.

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  • surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status

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  • meridiani.planum
    07-22 12:32 AM


    I had applied for H1 for 2008 from two different employers.Both got approved.

    you are one lucky dude. when you get to the US go to las vegas and try you luck there :)

    Now my concern is ,
    1)would there be any problem during the Visa stamping?

    no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.

    2)What should i do to other visa ,which i will be not using?

    ignore it, it does not matter

    3)How should i approach the employer whose employment i will be not accepting?

    wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer

    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?

    signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:

    - is one a regular company with a job already for you and the other a consultant who still has to place you

    - where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.

    - what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.

    - salary, benefits of each of them.

    all in all, even if you pick teh 'wrong' employer, you can always come here and then change...

    02-09 07:34 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

    President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

    There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

    These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf

    More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)

    If you click the link attached, the article is dated February 11, 2010 and was posted yesterday (February 08, 2010):confused:

    Old news........ Dated for future....:D

    09-10 12:08 AM
    Can we buy there in DC instead of ordering now and not receiving before we leave? I am from dallas and If I order on Monday, do you think I can get before friday? FYI: I am leaving on saturday morning...Thanks...

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