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Munna Bhai

12-14 08:20 AM

I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.

I would like to get more information so that others who are planning to apply for GC should take this into consideration.

Any inputs is appreciated.

Thanks,
-M

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Anders �stberg

July 16th, 2004, 01:40 PM

Thanks for the kind comments!

I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

Concurrent H1 and L1 [Archive] - Immigration Voice

View Full Version : Concurrent H1 and L1

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martinvisalaw

07-06 04:42 PM

Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."

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dealsnet

08-04 01:51 PM

She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
That is why they again send RFE for some people.

Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.

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immi_grant

06-25 03:36 PM

Thanks to all who responded so far !!

I saw the denial letter and here is the gist of it from what I understood :

Got an RFE asking for client letter (since when my case was filed in Jan 2010, I was working for the client). From then onward I am off and on with the same client depending on their schedules / needs.

So when we got the RFE, I was not working for the client. My attorney replied to the RFE stating that I completed my project before time and now internally working on product development (which we do ) and produced the time sheets and everything for the internal project as well as for the client till the date of completion.

My case got denied reasons pertaining that USCIS asked for client letter, but you (petetioner) submitted papers that he is not working for the client anymore and now working for an internal project. OK. But where is the client letter that we asked for ? Since you didn't produce that, we are denying the case.

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bharol

07-04 06:08 AM

Hi,

I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.

I found that in California, where I live, it is legal for non-citizens to own a gun.

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shirish

08-30 11:52 AM

How do you call USCIS? I mean what options did you select to talk to some one. Looks like their options are changed.

I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.

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UniGum

09-21 02:45 PM

let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....

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kaisersose

10-12 08:47 AM

Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.

1) Possibly.

2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .

3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.

4) Answered in 3

5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.

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mygoodluck

07-20 11:49 AM

Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

Best to ask your lawyer.

Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.

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paritp

04-13 06:59 PM

I received Green card approval email from USCIS even though my PD is not current

Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
I received the Green Card approval email from USCIS. I checked my status on USCIS.gov it says my case has been approved and card production has been ordered.
The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.

I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
What should I do in this case?

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jungalee43

12-23 02:27 PM

I also received similar mail from my attorney. I have double assurance now. Thanks.
You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.

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lazycis

12-10 11:22 AM

One can apply for EAD renewal before or after the current EAD expires. If you do not need a new EAD to continue working, there is no need to apply for a renewal well in advance. It won't raise any flags if you apply after current EAD expires. I did it without any issues. But because the new EAD will be valid for one year from the date a current EAD expires, there are no benefits in waiting either.

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intezar2005

04-21 09:59 AM

My appointment date was Apr 02 and they received my documents on March 30th. I kept calling the ph # given on their website after nth try , I was able to talk to one lady on 15 th april, she said it has been only 4 working days for embassy since they received my application, and it will take couple weeks more to get my passport renewed, if it does not require additional processing.

I used epassportphoto website to get 3.5X3.5 pics

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santb1975

12-25 04:18 PM

for sure if you go DOL. you can take the help of an attorney to get you the amount based on your past pay stubs.

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logiclife

10-26 04:35 PM

For people familiar with how databases work:

You have to realize that each page load means a query has to run to a table of 14,000 records (for 14,000 threads) in MySQL database on our limited capacity server and since you have to sort the rows on basis of most recent updates, you have to get all 14,000 rows of result set and then let database sort them in descending order.

The reason for messed up sort order is that the "recent forums posts" has been pointed to a separete table that has recent threads and that seperate table is populated every 1 or 2 minutes from entire table of threads. That's sometimes you update a thread and it takes a while for it to become most recent thread.

For some reason, and we dont know yet, our site has been over loaded. This used to happen during July bulletin and we did the same work around by pointing "recent forum posts" to a smaller table populated thru a stored procedure running every few minutes. Also, during the July bulletin, we upgraded the server processing capacity and doubled the memory. It may be time to upgrade again, or maybe its time for some tune-up with regards to creating an index on the table for threads.

For people not familiar with Databases:

The messed up sort order on "recent forum posts" is by intention an its a work around to avoid site crashes that we have been having due to reasons we dont know yet.

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chanduv23

03-26 06:39 AM

My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.

We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.

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small2006

08-20 02:38 PM

I gto the same response last week. They were so adamant in denying me the info that I got frustrated and hung up on her.:mad:

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sweet23guyin

11-15 11:08 AM

I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:

tikka

08-09 08:18 AM

U definitely and and will :)

/\/\/\/

snathan

03-31 01:16 PM

Not all L1 is bad
Not all H1B is bad
Not all consulting companies are bad

So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too

To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?

What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?

Forget this Crab story...it’s a crap story written by one idiot followed by other idiots only when its adding value for their argument.

If not all, most of the L1 are abusive. I know a company paying 30K for L1. They no longer take H1B and lay off H1 people whoever was already working with them.

But how are they are going scot-free...all the expenses are billed to the client but shown as benefit to the employee.

So the client is losing , the employee is losing.

But I am not supporting this whatever is reported.

When they came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn't a Jew.

When they came for me,
there was no one left to speak out.

benjaminnatalie

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