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  • theconfused
    12-14 11:59 PM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks





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  • cybergold
    04-28 05:29 PM
    How is that possible?? http://www.freewebz.com/cybergold My picture is in there, is there any way to make it a hyperlink?





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  • belmontboy
    11-26 01:57 AM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001


    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.





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  • jungalee43
    08-26 09:38 PM
    Sailesh thanks for your advise.
    Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.



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  • kart2007
    05-11 08:54 PM
    Been there, done that!
    In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).





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  • add78
    03-12 10:48 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!

    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!



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  • no_more_anger
    12-21 07:10 PM
    I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?

    It's because of retrogression. Example....

    Case 1:
    John applied in EB3 in 2002, had his labor/140 cleared.
    John changed companies in 2005, now was eligible for EB2. Used older priority date.
    Now John has 2002 PD in EB2.

    Case 2:
    BEC labors coming through.

    Case 3:
    Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)

    Whether to choose EB-2 or EB-3 is hard.

    Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
    become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
    now I think it's a fair game between the 2 categories (IMHO).

    If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
    whatever earlier 140 you had.

    I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
    apply for a fresh labor for EB3 :-)





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  • Anil_s
    06-29 05:55 PM
    Hi Ari,

    Thank you for your response.

    I have few other questions.

    As I have B1 can I stay till October?

    Incase I am going back to my country is it advisable to comeback on B1 for the gap period?

    My prime job is business development.

    Thank you again and appreciate your help!!

    Anil



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  • logiclife
    02-03 11:06 AM
    The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!

    Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!

    Interested individuals should contact lawmakers about these points and have them amend it!

    If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.





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  • Becks
    11-09 08:45 PM
    Can anybody clarify what will happen to pending 485 when 140 is denied and appealed?



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  • casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.





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  • nightowl76
    08-27 07:22 PM
    I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.

    Is this expected? Does anyones EAD card have a fingerprint on it?



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  • eb3retro
    03-16 01:49 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.


    how abt u update ur profile first.





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  • bp333
    11-26 09:21 AM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).



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  • tnite
    07-26 09:50 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.





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  • gcdreamer05
    11-18 02:11 PM
    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D



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  • peer123
    07-18 07:36 PM
    just bumping it up......





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  • sac-r-ten
    02-21 07:37 PM
    I did this recently for my Parents in Laws. I checked the do not apply for native name. Also i don;t think there is an option to print the entire form, only the last confirmation page is to printed and taken for the interview.
    The form once completed is saved in consulate's database, so they know what you have filled.

    Hope this helps.





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  • ttdam
    11-05 06:03 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05





    fromnaija
    07-22 09:24 AM
    You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.





    AuntyDan
    06-21 08:32 PM
    You have mail logiclife, let me know if I can be of use to you.



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