Saturday, July 2, 2011

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  • IndianBoy
    11-25 11:05 AM
    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this�????

    Thanks in advance...




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  • agc2005
    11-14 11:02 AM
    You can find ASC follow the link.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC




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  • gcformeornot
    08-10 07:43 AM
    ___________




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  • jayleno
    07-14 04:51 PM
    I'm not a Guru in Immigration Matters...still from my experience USCIS is pretty random in some cases with online statuses.
    I think I just told you what you know already, but reminding you that you are not alone.
    Any updates gurus?



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  • gotgc?
    03-05 10:44 AM
    Hi All,

    I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."

    My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:

    I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"


    1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?

    2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...

    3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?

    My POE is SFO.

    Please share your opinion guys..thanks for your help.




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  • adnan_vijay
    12-11 09:50 PM
    Hello,
    According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

    Hello Sir,

    Thank you for the quick reply.

    As my application have been lodge for almost 2.5 months now.

    Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?

    How will I know that my FBI name check is successful?



    Thank you once again.

    :confused:



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  • GC_SUCK
    08-07 02:50 PM
    Just spoke to IO at NSC. Asked about my case. NC is clear and right now processing 09/06 cases so no movement on my case.

    Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.

    I still do not trust them, but her kind words gave me little hope.

    PD- - 04/08/2002 (ROW)
    I-140 RD - March 2007 (Approved)
    I-1485 RD - March 2007 (PENDING)




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  • ssksubash
    02-16 11:54 AM
    HI,

    I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.

    So the final list of documents it generated was :

    Dad's ds 156, Mom's ds 156,157 , interview letter.

    Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?

    Thank you for your time.



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  • clif
    08-12 02:25 PM
    Elaine, thank you for your prompt reply. And radhay, thank you too.




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  • gc_kaavaali
    08-24 10:34 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4

    Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.



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  • desiest
    04-19 02:06 PM
    uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.




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  • mbawa2574
    08-21 06:22 PM
    ??



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  • pawelw
    07-05 12:42 PM
    Thanks for your replies.
    Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).




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  • iman.karta
    12-27 04:23 PM
    Hi Starscream,

    I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
    The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.

    So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(

    Thanks for the info!



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  • aguy
    08-03 04:54 PM
    USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.

    It was a NIW filing - so no job description or I-129.




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  • Jaime
    09-12 03:57 PM
    Just like the the department of Homeland Security has USCIS to make sure that only very few highly-skilled immigrants get visas (thus causing the USRBD), they should also have the "Agency for USRBD" to counter the damage caused by USCIS. Don't let the RBD suck you in like it sucked Pablo in! Let's go make our voices heard in DC!!



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  • gcformeornot
    11-03 02:40 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    you lawyer or employer can contact...




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  • panky72
    07-25 11:32 AM
    Guys,

    Are the dates mentioned in this bulletin for new I765 applications or renewal applications?

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    Both for new and renewals




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  • kdiershaw
    02-22 11:19 AM
    My fiance came to the US from Mexico on a short term Visitors Visa more than 14 years ago and did not return to Mexico when it expired. No extensions were ever applied for. She has been working and paying taxes since shortly after coming to the US. I am a US born citizen, and have an income capable of sponsering her. Her own employment record is quite good as well. I understand that there would likely be an interview process which we should easily pass since we have had a lengthy multi-year relationship.

    1) What are the steps for legalizing her status after we are married?
    2) Will she be required to stop working while her application is considered?
    3) Would she be required to leave the country during processing?
    3) What is the average time required to go through the process?
    4) What are the restrictions on her traveling outside the US during/after the process of legalizing her status?

    I will be seekign an immigration lawyer to nail this down and start the process, but need a framework of the process and considerations, so we can get through this as easily as possible.

    Thanks in advance for your help




    asanghi
    06-22 02:18 PM
    If both I-94s belong to the same person then I think it is normal.

    I entered country last time in 2005. After that I have my H1 renewed twice both times I-94 number stayed the same. Same also goes for my wife. The renewed I-94 always carries the same number as the one you got while entering the country.




    beautifulMind
    04-20 04:10 PM
    You can use your eb3 EAD.

    But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.


    Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...

    Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead



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