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  • nixone
    08-21 06:10 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.





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  • senthil1
    05-14 06:07 PM
    Actually they did not move purposefully. Demand slowed down for visa numbers because long time the date was not moved. Another point is Companies like TCS,WIPRO are not applying GC and they are the ones using more H1bs. It could move back when demand increases but not so much like 2005. So always waiting time for EB3 will be 3 to 6 years and Eb2 2 to 4 years.


    Guys,

    The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

    IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.





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  • njsucks
    08-04 09:21 AM
    from immigration-law.com
    The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications.
    Well. We have been waiting for so long that every day is a torture. 14 months IS a LOOOONG time on top of it. what have they been doing beforet this 14 months?





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  • pappu
    05-15 10:41 AM
    A few IV(I+We)'ans from several state chapters across the US have been working really hard to gather support for our bills to recapture EB visa numbers, eliminate per country caps and exempt STEM graduates from GC Quota. We have started a funding drive of 50,000$ to support lobbying efforts of these bills 25 days ago. So far we have raised 16256$ with the help of 167 members. We still need 33,744$ to reach our goal.From time to time IV'ans have come together and have made miracles happen. We have achieved Reversal of the July Visa Bulletin and succeeded in obtaining a few Admin Fixes ..

    Can we come together and raise the remainder of 33,744$?

    Yes we can and we will
    Let's do it again IV(I+We)'ans

    Click "Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)" and make a donation.

    Want to donate an alternate amount not listed on the contributions page?. Login to paypal and send in your desired amount to donations@immigrationvoice.org

    Let's do it..Cheers

    Please Click here for a list of members who have contributed so far (http://immigrationvoice.org/forum/showpost.php?p=248292&postcount=6)

    Great post. Thanks
    Pls contribute



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  • mayurcreation
    01-13 09:23 AM
    Hi,

    My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).

    My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.

    1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.

    I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options

    There is any other option!!

    Thanks in advance.

    1st PD EB3 11/17/2007
    2nd PD EB2 07/27/2009





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  • seahawks
    03-11 11:03 PM
    Take copies of your I-94 front and back and then submit them at the airport you board the international flight out of the US. When you come back, you will be filling in a new I-94 based on the latest H1/H4 date which you will show the border officer. (I am only stating this purely when your fly, I don't have experience by land)



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  • 140jibjab
    01-11 11:06 AM
    When you apply for H4 for the new wife. Make sure you take the follwoing:

    1. Divorce Decree.
    2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
    3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

    All the best

    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???





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  • srikondoji
    08-28 01:37 PM
    Mine and my wife's EAD was filed online within few hours. Mine got approved while my wife's application was still pending.
    Yes, USCIS is not processing on FIFO order at all. Calling USCIS will help, if you are almost close to ead expirationa and in danger of loosing job.
    Don't waste time and be anxious about it, if you are months away from expiration.

    good. finally calling USCUS helps and your wife got EAD.:)

    in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)

    so no one know in what sequence USCIS is processing EAD/AP/485!



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  • rajeshalex
    04-15 08:56 AM
    First thing, price , leg space, comfort & food ...All 4 it is difficult to get the best.

    Cheapest would be air India. However service/food is bad. Also they keep changing schedule.

    Singapore airlines/Cathay pacific service/food is good. Leg space is also better and
    priced slightly higher than AIr India.

    So I recommend these 2 (Singapore/Cathay)

    ( PM me if you are looking for air tickets from India)


    Rajesh





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  • ajaysri
    08-07 02:21 PM
    I applied for EAD renewal at NSC on 07/03/08 and today 08/06/2008, the status shows card production ordered. I applied for my wife along with me and her status shows still received.

    Does the dependent (spouse) EAD in general get approved a few days after the primary applicants EAD is approved? I am not really using the EAD, its my wife who is using it, and thats the concern.

    -AjaySri



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  • ashneels2001
    10-16 08:58 PM
    check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3





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  • sbajaj80
    09-12 03:40 PM
    Register in USCIS.gov and then enter the I140 info in your portfolio and you will see the LUD(last updated date)
    18003755283
    and then press 12126

    Thank you! :)



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  • gsc999
    07-15 04:42 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion





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  • hazishak
    11-03 01:07 AM
    What do you guys think? USCIS will listen whatever IV says? Also NSC received more applications than other service centers. So it is reasonable for NSC to be behind.

    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks



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  • iman.karta
    04-15 05:33 PM
    Dear Sir/Ma'am,

    I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
    I am applying for an immigrant visa via employment-based; EB2.

    I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
    I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
    And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.

    The question is:
    1. What is the alternative that I have?
    2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
    Do you think these will be sufficient?
    3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.

    Thank for the input.

    Warm regards...





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  • voldemar
    02-09 12:17 PM
    The day I applied that day the PD was current.
    PD should be current at the date of approval too. If it's current now you can get decision in couple of weeks, if PD is not current - just forget about checking that dates.
    Also that date is showing as 19 july 2007.It means that majority of applications filed before that date and with current PD and necessary checks completed are with adjudicating officers.



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  • americandesi
    05-19 09:19 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)





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  • jungalee43
    03-16 09:55 AM
    Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.

    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.





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  • ImmiLosers
    09-30 03:19 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
    It is done once. Looks like FP and Name check are different processes.





    perm2gc
    11-07 06:36 PM
    Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.

    What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
    if you abandon the course..then the VO will know that to maintain status only you have enrolled into the course..then your case may be denied ...Try to talk to your HOD and explain your situation..He/She will guide you ....Try to consult lawyers like murthy or rajiv khanna or try to PM admins if our free lawyer services can help you.





    nogc12
    08-03 06:08 PM
    I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.



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