Friday, June 10, 2011

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  • Kodi
    08-22 01:59 PM
    I actually went over something similar with my lawyer. I'm currently on H4 and just yesterday received my EAD valid for 2 years. My husband is renewing his H1 next month. And initially I was hoping I wouldn't have to renew my H4 again and save the $$. But my lawyer says I should renew my H4 so that incase something goes wrong with my I-485 I won't go out of status as I have the H4 eventhough I'll be working on EAD. And he said if I travel I should not use the AP to re-enter. So it means my H4 will not get canceled even if I work on EAD.




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  • CHHAYA
    04-19 10:14 AM
    My PD is now current and I'll be filing 5/1
    PD 5/03 EB3 ROW
    Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.

    MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?

    THANKS
    CHHAYA




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  • arnet
    09-14 07:58 PM
    IV: humble request.....please post the conference call date in advance, atleast 2 days, so that many people can attend it.




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  • 485Mbe4001
    07-11 02:45 PM
    i guess its the overflow from other countries, which brings up a good question, why was EB3 ROW made unavailable earlier and the overflow sent to EB2 I ? Lawsuit anyone :confused:

    Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).

    Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.



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  • coolmanasip
    08-16 02:26 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

    best,




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  • belmontboy
    08-14 09:33 PM
    From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.

    Please read properly
    from the link:

    This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.



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  • iptel
    07-18 05:19 PM
    I agree with Dixie. I feel there is no point in seeing visa bulletin or calculating date for EB3 until some law passes.




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  • Gator
    04-09 11:38 PM
    On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".

    According to the attorney, the RFE was responded to with necessary evidence.

    On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.

    Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?

    Please advise.

    Thanks



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  • CaliHoneB
    05-05 02:08 PM
    My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
    http://immigrationvoice.org/forum/showthread.php?t=600

    The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.

    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600




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  • Shivani
    02-23 12:59 PM
    sledge_hammer is very right! i know all your wishes are with me, GOOD Luck for me :)

    i'm finding that jobs are limited, that too for H1 b, responses back are very rare, for me at least.

    good for me would be to get into H4 then? kinda, confused so badly.

    thanks ya...

    Shivani.



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  • desi3933
    02-26 01:20 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=2f719c7755cb9010VgnVCM10000045f3d6a1 ____




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  • satishku_2000
    05-04 11:53 AM
    Hi all,

    I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).

    gchopes


    Hey

    whats your filing date and when did you get REF? Is it EB2 or EB3?



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  • mgarvey
    08-06 08:00 AM
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court




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  • smisachu
    12-09 05:52 PM
    Just out of curiosity, what kind of jobs do you guys do? What is your educational qualification? I am getting my PhD but it is still some time before I finish, I want to know if there is any way to port from EB2 to EB1 before that.



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  • amulchandra
    02-06 06:47 PM
    Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.

    Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.

    Anyway I am planning to file my H1 this year.

    On the lighter side of everything may be he is a member of numbersusa...




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  • sapking
    02-22 09:45 AM
    First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.

    You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.

    It could take some more months, before you are able to file for 485 again.

    Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.



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  • masti_Gai
    01-05 02:54 PM
    Oh i didn't know about this. Good I can tell my buddies who keep pestering me to help them in their intention of changing their status when ever they come here on Business visit.:)




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  • amitga
    04-12 07:27 PM
    I am even willing to pay $10K per family member to get a GC. Only condition is that they should process it in the same way as other Premium processing. It should not take years in Name check or any other processing after paying this kind of money.

    Australia has similar plan for parent Visa. Any Permanent Resident can pay Approx 20K Aus$ and get a permanent Resident Visa for parents.




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  • jugunu64
    01-12 04:02 PM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks

    Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).

    When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.

    As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.

    Hope I answered your question....




    SGP
    12-11 04:03 PM
    My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.

    Thanks in advance.

    Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
    Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
    I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.




    sparuthi
    08-10 04:34 PM
    PD March 2006
    RD July 26. 2007
    ND August 27. 2007



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