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  • americandesi
    03-13 05:34 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.

    Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.





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  • ivar
    02-04 05:39 PM
    Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)

    Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.

    Thx,
    R.





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  • Didiusthegreat
    05-08 12:37 PM
    funny score... :P





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  • Deepika
    08-14 04:38 PM
    Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.



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  • chanduy9
    07-05 11:47 AM
    Hi Guys,

    We have do it in a smart way. We need to get the atten of media.

    Send the flowers on july 10th. If lot of people do this the media will cover this.

    Just my idea.

    Thanks,
    Chandra.





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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!



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  • maheshf
    02-20 09:00 PM
    bump





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  • ssreenu
    05-03 11:44 AM
    thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.

    If you have more than one CC from the same institution let's say you have 3 CCs from BOA 1. AMEX 2. VISA 3. MC you can pool all the CLs together under one card which has the lowest interest rate and make a balance transfer from that CC. This will give you more edge. Ask the customer service for more details.

    I have done it several times now :P



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  • rb_248
    09-05 03:33 PM
    Congratulations!

    Thanks. But, I am still not sure if I can start celebrating.





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  • xlxoel
    05-20 09:16 PM
    Hi everybody!

    I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:

    Receipt Number: XXXXXXXXXX

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    I applied ONLINE this time.
    My last year parole expired on May 3rd 2009.

    What type of evidence can they ask for a travel permit?
    Someone on the same boat?

    I also got an email about my I-140 five days before saying:

    Receipt Number: XXXXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Document mailed to applicant.

    On May 15, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I haven't received any of the letters!



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  • ronhira
    10-17 04:49 PM
    A message from President Obama too.

    The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)

    who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....

    what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....





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  • LostInGCProcess
    02-04 06:02 PM
    Remember, if you leave US before AP is approved, you cannot use it to return back to US. On the other hand, if its approved and if its postal delay, and you left right after it got approved, then you can make arrangement to send it to you overseas and use it to enter US.



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  • nrmarrivada9
    04-01 09:13 AM
    Well, it makes perfect sense to change the status to F1. And as you said that she will be going to dental school ( 2yr International program), i assume that the expenses will be sky high. F1 status would be helpful in securing the student loan ( for the future semesters) if needed.
    This is my advise.

    1) You don't have to do the transfer urself or neither there is a need for a lawyer
    2) The schools International Students Office will guide you on doing the transfer. They would give you the checklist of the documents to be submitted, the website links where u can download the documents, fee to be paid, etc.
    3) It is a simple and hassle free process

    -Regards





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  • rsirpal
    04-01 07:04 PM
    Me and my wife are on EAD and son is US citizen. Have travelled to India 3 times in last 2 years and POE was Newark, New Jersey airport everytime. Latest was March 15, 2009.
    Used Advance Parole to enter everytime.
    No problem ever. Only required to wait in another room till advance parole is stamped.
    this time however they asked questions like profession. how many years in comapny etc. ?



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  • akhilmahajan
    06-06 08:55 AM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.

    If you dont mind, can you share what supporting documents you submitted.
    Thanks a lot.





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  • hourglass
    02-15 10:01 PM
    Hi,

    I am working on 8th year H1 visa (with approval notice) valid thru september 2009

    Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.


    I went to Ottawa, Canada in January for visa stamping. I got Visa done.
    On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.

    Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.

    Good Luck for your stamping.



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  • mayitbesoon
    11-29 01:36 PM
    can someone tell me how to find LUD on the online status. Thanks.





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  • hemtir
    06-24 09:43 PM
    Hi Augustus,
    Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.

    Please cross check with the doctor on this before reaching any conclusion.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • leoindiano
    04-04 04:56 PM
    Sunil,

    I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.

    In your h1b renewal, take an expert attorney's suggestion.





    raj3078
    07-27 12:40 PM
    I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .

    If it is filled, it is okay, not filled, still it is okay... Its probably more important for East Asian countries who do not work in English such as Korea or China. For the places which works in English, its no big deal...
    Please note that the form is intended to help Law Agencis in USA such as FBI/CIA to find authenticate the info provided by you. They might contact your home country cops to find out more about you. In case where home country cop may not know English, they would want to know native lang name so that Home Country cop can read it....Most places can read-write English now a days....So this is not an issue....
    I think this is somewhat legacy requirement which was important 40 years back but not anymore





    sunny1000
    11-26 06:37 PM
    here is what I found on the immigrationportal.com. that info is a little old but, is relevant. Hope that helps you.

    http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card