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  • number30
    04-12 12:10 AM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs

    There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1




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  • marlon2006
    06-14 11:30 AM
    Yes. It seems that NY was a little behind NSC.
    It is a very, very inconvenient situation to be in. We are getting older and this lack of professional freedom has potential to ruin our careers you know.
    Since it is now on Oct/2001, it seems you should be getting closer to file I-485. Chances are you will be able to see this going to Nov/2001 as early as next month ! That could give you some relief.

    I started my masters, but ironically, we are not eligible for in-state tuition therefore I put studies on hold, waiting for the GC. It is hard paying from our own pockets, it is very expensive and at the same time I already received job offers from employers in this area that would be willing to pay the graduate studies 100%, but again, I am waiting for the GC so that I could move on.



    Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:




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  • GotGC??
    01-08 12:03 AM
    .
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.

    Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.



    These are just my thoughts. And I am not a layer.

    Do you have a basis for the statement you are making? Any references, rules, etc.?

    Have a great trip




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  • srkamath
    08-05 06:15 PM
    It is illegal for the foreign employee to pay or to reimburse the employer (or even agree to a reduced salary) to cover the costs of the foreign labor certification process. There are no exceptions to this - there is no varied interpretation either. The labor certification will be denied or revoked if the foreign applicant had any role to play in the recruitment process.

    Disclaimer - This is my understanding, i'm not a lawyer.



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  • wooster
    07-11 02:11 AM
    I had the same thing happen to me, applied PP on June19, it reached on 20th got approved on June21. Status still shows pending, but the lawyer got the approval notice with an A# to boot...

    Just to update, I got a CRIS mail that I was approved on the June21 and the online status changed to approved today....thats more than 2 weeks after the lawyer got the approval notice...snail mail seems faster then online notifications....why is everything so Topsy turvy with these guys only !!




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  • gc_bulgaria
    02-12 02:50 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?
    These are the following I used on top of the stupid cover letter that I am sure they dont see.

    1. Talk to Congressman's office
    2. Letters and faxes to USCIS
    3. AILA liason (through your lawyer).

    In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.



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  • anurakt
    01-20 10:27 AM
    I have no answer for this, I guess someone in this forum who is a US graduate can help us.




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  • peeku
    06-20 12:45 PM
    EVERYONE , Please take a step BACK



    Look and see what lawyers are seeing.
    http://immigrationvoice.blogspot.com/


    YesGC NoGC you should consult lawyer like the one mentioned in link or Sheela murthy or any good one.
    above conference call shows transition to "Project Manager " is one of the most natural ones...

    so gather the facts and decide for yourself.

    ofcourse i am not debating pros/cons of doing so but defering the judgement to immigration lawyer such as prashanthi ...



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  • h1-b forever
    04-22 08:33 AM
    small correction:
    president is not a member of the congress and neither are the judges (separation of powers)


    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.




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  • gchopes
    08-04 01:20 PM
    She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?



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  • vallabhu
    11-13 04:21 PM
    I receive a confirmation for Address change after submitting online form and which I received some where around that time.

    My EAD and Advance Payrole are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.




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  • ak_2006
    11-09 12:15 PM
    I completed the form.



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  • texanmom
    09-17 01:56 PM
    spoly-

    I am sorry that your calls were not returned. I am one of the state chapter leaders, and I am working remote supporting the core team.

    To tell you the truth, I know it is crazy at the Situation room. Everyone is very busy trying to keep up with 134 appointments we have sceduled today and also training all the folks that are coming in for these meetings. Everything except the most important tasks are falling through the cracks since the volunteers are overloaded.

    Please PM me, I am sure we could use your talent.
    Best regards,
    - texanmom




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  • neodyn55
    07-30 11:45 PM
    If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.

    Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.

    Lighten up.



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  • dummgelauft
    04-13 12:40 PM
    You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal

    If there was the slightest doubt that you are technically qualified person, you removed it 100% by by giving that equation Ebn(n>1) LOL!!




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  • yganreddy
    06-16 08:40 PM
    Hi Guys,
    My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.

    Thanks



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  • lp2007
    01-19 07:40 PM
    We are all proud of our accomplishments, EB2 or EB3 or EB1 , the degrees we have earned, the jobs we do and the achievements we have in our career. The relationships we have made and the list goes on.
    I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.

    You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)




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  • mariusp
    02-22 09:47 PM
    Yeah, I had to refresh the page a zillion times :) Ctrl F5

    Here are the PDFs I saved:
    NSC: http://www.mediafire.com/?dfmddmf9brw
    TSC: http://www.mediafire.com/?9t9n19jxycy

    I went to web site and it still shows Jan processing dates.
    How is it possible?




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  • needhelp!
    09-16 01:17 PM
    Check this task off your TO DO list..




    Redeye
    12-12 05:05 PM
    I have EB3 PD of 2004 and it will take a while to get GC for sure. I am in a situation where I do not want to go for stamping and want to use AP in Feb 2008. If I do use AP will it invalidate my H1 with the same employer. My H1 6th year ends in 2010. If I get married in India at a later date will it be an issue to bring my spouse on H4 since I am a parolee?

    Is there a way around this with a H1 extention at a later date and stamping at a later date?

    Thanks




    jediknight
    09-17 01:28 AM
    Thanks to everyone who signed the petition.

    I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.

    I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.

    Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.

    - JK



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