Monday, June 27, 2011

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  • fullerene
    08-13 11:14 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!




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  • shana04
    07-16 06:38 PM
    I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.

    My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.



    Can you provide more details on the RFE ?
    RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
    Attorney answered this question




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  • ganam
    10-03 10:02 PM
    Does anybody know in what order GC will be issueed ?

    Is it based on priority date or just randomly ?




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  • pasupuleti
    01-31 12:21 PM
    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.

    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)



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  • h1techSlave
    07-13 07:57 PM
    Thanks every body for explaining these things.

    And now, what can I do to get out of the "unknown quantity" with a grey square?

    Cheers,
    h1techSlave




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  • MONCYS
    02-16 08:52 AM
    I am in eb2 india and wife from row.

    I used the form for cross charging
    http://www.immigration.com/fromtheagency/tsc82705.html



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  • yabadaba
    06-22 09:38 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks
    u need evidence. in writing.




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  • rimzhim
    06-01 01:38 PM
    "Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
    Are you sure of this? I, of course, hope you are right. It would be great!



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  • saileshdude
    05-15 09:42 AM
    Mishras,

    If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.




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  • letstalklc
    08-27 05:01 PM
    Yes,
    You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....



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  • wandmaker
    05-14 02:19 PM
    This is not a joke, we have received this querry, and are seeking some helpful advice.

    If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.




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  • asharda
    07-13 10:47 AM
    Its a good idea but make sure you guyz are comfortable. It must be hot out there.
    Have every one wear white as the color of peace/silent protest/sadness.



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  • Jitamitra
    07-21 01:14 PM
    Any updates?? Bump up




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  • kaushik7
    11-23 04:09 PM
    Hello all,

    I am on the same boat, and I opened the service request around the same time with same reply. Any updates for anyone? Please keep this active.
    any information or directions is appreciated.

    thanks



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  • guygeek007
    07-19 09:07 AM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • JunRN
    05-05 10:09 AM
    To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.

    Better yet, if they will include filing of i-485 even if PD is not current.

    The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.



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  • sareesh
    11-18 05:15 PM
    Hello enggr,

    I might have the same problem.
    where you able to convert to EB3?
    Please let me know.

    Thanks,
    SG




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  • josecuervo
    07-15 02:54 PM
    My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..

    Congratulations. !!!

    my pd is close to yours. see my signature. good luck




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  • little_willy
    09-26 12:52 AM
    I guess all these options are possible as long as you maintain your H-1B.




    saileshdude
    09-04 11:37 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.


    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.




    vallabhu
    01-31 04:57 PM
    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



    If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.



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