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  • gconmymind
    04-25 03:55 PM
    Hi folks !
    need help .
    I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
    Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
    please advise !!!

    Keep your options open regarding changing employers and file for an appeal if you can. Notice should tell you the reason for denial. What is your employer/attorney saying?





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  • inskrish
    07-20 10:19 AM
    They do not need to be notarized as long as they are self-attested. Scanned copies are fine. Retain the original with you in case the CIS asks for it.

    AFIK, the affidavits must be notarized.

    Regards,
    IK





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  • snram4
    01-18 02:48 PM
    Useful info from Murthy.com

    If anyone faces similar situation they should try to withdraw to avoid 5 year ban
    The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
    �MurthyDotCom
    We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
    �MurthyDotCom
    We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.

    Things are getting worse in 2010... I hoped it would get better...





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  • bobzibub
    05-24 07:14 PM
    I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
    Go Savage......

    I would choose my "bedfellows" cautiously.
    Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.

    If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.



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  • casinoroyale
    03-18 09:40 AM
    I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.

    Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.


    He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.

    It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.

    It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.





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  • yibornindia
    11-25 03:48 PM
    any other person who has dealt with or heard of this lawfirm?

    I heard good words for this attorney, but I am not his client.



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  • Green.Tech
    08-14 05:19 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance

    ...and you dont want to get a H-1B visa stamped because it is risky? What kind of risk does that involve? There is no risk. Just get your H-1B stamped when you go to your destination. Simple.





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  • nixstor
    07-05 09:51 AM
    Done digging - also dig the comments while you are there.

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants

    Ams


    1146 members and guests. Can you take a min and digg the post and comments before we all get buried? I just dugg all comments to positve and they are now at 0. Folks are actively -ve digging our comments.



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  • mhtanim
    09-25 04:11 PM
    In our case got EAD directly, but AP went to Lawyer.

    I guess only god knows how USCIS works!





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  • Leo07
    02-24 08:16 PM
    I agree that we must have a way to weed out anti-immigrants.

    But, that's doable...is it so hard to figure out anti-immigrants when they sign-up & turn-up? :)



    I have seen a similar thing with our other campaign - "File 485 before PD is current". There are some forums spreading negative information about IV and this might be the reason.
    Of course theoretically it is possible to have them participate in these without creating an ID (which is free). We have to verify in some way to avoid antis, maybe ID or bill or some other way.
    We don't want to go to USCIS with 100s of members from numbersUSA or fishing site users.



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  • texcan
    08-13 11:09 PM
    possible reason for mysterious rejections :

    You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
    You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.

    Could this be the case with some apps mysteriously being rejected?


    Friend,

    Relax a little. Donot worry its not gonna fix any problem.

    My theory of life is ..."every one needs a problem to stay busy, if they
    donot have any problems, they will find one".

    Think about it, and find a constructive problem.

    if you donot like my words, leave it ...please donot be offended.





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  • techbuyer77
    09-17 02:17 PM
    Techbuyer,
    When did you file your I485. Reason I ask this is because if the dates are not current, how were you approved your gc if you are eb3 and your pd is 2004 jan ?

    Beats me. I dont know.



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  • telekinesis
    05-26 12:33 PM
    Nice volley, I love it!

    Whoa, you are in a battle with everyone. :P

    Hopefully have mine done soon. Oh crap, I'm late for work, talk to you later.





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  • apahilaj
    05-10 02:43 PM
    On a seperate note, did you guys apply yourself. Do you already have a G-28 form signed for a lawyer?

    I applied myself - so why do I need a G-28 from my lawyer?



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  • GCnightmare
    12-25 11:23 AM
    I have PD of April 2001 and still waiting....





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  • eager_immi
    01-25 01:28 PM
    Does anyone have PHP experince for this work? Please PM me.

    Thanks

    I like ur idea, can you design this or get someone to do this. It still has to have the same basic principle. we all have ideas we need someone to actually do this since we are mostly IT folks with programming skills can we get a volunteer or a group of volunteer who can do this?



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  • solaris27
    02-10 01:32 PM
    yes - if everything goes well

    no - if USCIS person was not in good mood .





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  • krishnagk
    09-18 10:46 AM
    HI JunRN

    I have following in my receipt notice if I-765 receipt "Class requested : C09"

    what does C09 means and is it correct type?

    Also in my I-485 receipt after amount it says " Section : UNKNOWN" and priority date box is NULL.

    Should I worry about theses?

    Thanks





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  • maverick80
    02-05 08:43 PM
    Haha. That is an accurate assessment at a 50-foot level. I was pretty disillusioned after a couple of years of working. A mixture of what the fuck am I doing, but not really knowing what to do, and all confused because I was at probably the biggest firm around and and a feeling of even if I switch, what's the point? And not having the balls to switch jobs, for the fear of throwing away what I had, mixed with personal struggles with life and not having the social life that I wanted.

    In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.

    As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).

    Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)

    And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.

    *** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?

    UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.

    I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.

    uhh..damn immigration process..





    zCool
    04-02 12:12 PM
    Pls see below for answers
    My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know

    1. How many days is required to get a H1b transfer receipt.
    -- upto 1 or 2 weeks if it's Premium
    -- Upto 2 or 4 weeks for regular. Looking at your case, your lawyer probably already has receipt Number.

    2. What happens if my H1B expires before i get a receipt.
    -- Nothing, you will get a receipt sometime , so long as you get a receipt that will have date of receipt as you originally sent it. If you are afraid your company didn't actually send it, then

    3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
    That decision has no relation to pending h1. You can choose to go to EAD anytime. Looking at your situation, you are probably better of on EAD. Your wife will eligible for citizenship in 18 months then she can apply for naturalization, I think even now you can probably apply as spousal category so really no reason for you to be on h1 ..(Not entire sure abot this.. check with family immigration lawyer)

    PD Oct 2006
    I-140 Approved
    I- 485 July Completed 180 days.
    EAD and AP





    thomachan72
    05-25 04:29 PM
    congradulations raju.
    the surprising part is that your PD is Nov 04 and the current PD is Jan 2000. How come your case was worked and approved? good for you but just curious. Also in this same thread Reddog has a PD of March 04 and has probably not got this news yet? If u c this Reddog pls confirm



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