Monday, June 27, 2011

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  • eyeongc
    05-21 11:23 PM
    Slightly unrelated but is there anyway to bookmark a thread under my profile? I would like to comeback to this discussion in future if needed (I hope not).




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  • jnagendra
    08-13 01:35 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .




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  • seeking_GC
    09-23 06:30 PM
    We applied in NSC




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  • fromnaija
    07-20 04:57 PM
    It all depends on your friend's priority date as well as her scheduled delivery date. The only problem is if her PD becomes current before the child is born or her case is approved before the birth.
    To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.

    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?



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  • blizkreeg
    01-26 01:03 PM
    I don't dislike people from Andhra. I have close friends from Hyderabad.

    I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.




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  • for_gc
    04-27 11:25 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.



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  • ilangocal
    04-07 10:41 AM
    Hi
    I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

    Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

    Please clarify. I am trying to understand this clearly.
    Thanks very much




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  • swede
    07-19 08:47 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?

    The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
    I sent all my W2 and tax returns since 7 years back...

    An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.



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  • BMS1
    08-21 12:05 PM
    Thanks




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  • phillyag
    07-20 04:37 PM
    My 6 yrs are getting over in Jan 2008.
    1. Can I apply for H1 extension request for 3 yrs instead of EAD?
    2. Or with EAD?


    Excuse me but I am a novice here.



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  • doknek
    09-04 11:27 AM
    Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system




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  • poorslumdog
    09-04 12:47 PM
    did you pray for people who died in katrina? or for iraq war casualties?
    You missed the sarcasm...



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  • flipflop
    12-03 04:23 PM
    there are lot of threads abt this topic. search it.

    read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.

    How about a case where AP renewal is pending and previously approved AP has not expired?

    Can you go out of US and come back before previous AP expires?

    What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?

    Thanks and appreciate any replies.




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  • Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.



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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




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  • villamonte6100
    10-05 10:47 AM
    hi, Do you know: How recent, which nationality, when was his/her aos filed

    My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.



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  • gcsomeday
    07-17 05:24 PM
    newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.




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  • psam
    10-27 10:30 PM
    Hi Sam,

    I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.

    Thanks

    Calling up Customer service fixed it. My card did arrive a month+ after my spouse. there was some problem with production of my card first time around.




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  • HV000
    08-11 09:21 AM
    The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.


    Full press release:


    http://www.whitehouse.gov/news/releases/2007/08/20070810.html

    They have not given a timeline for this reform. Hopefully they will a timeline for processing the cases.




    masterji
    10-14 05:40 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.




    dontcareanymore
    11-12 05:54 PM
    Go for it! She can volunteer (obviously, she cannot get paid for the work she will do). I think it is a great idea to volunteer to establish connections and gain work experience to get ready for a real job.

    My wife did the same thing when she was on H-4 and HR had no issues with that.

    Cheers!

    If you see the regulations, you can't work for free on H4 if that work is generally done for money.

    As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.

    Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.

    Some people might have gotten away by doing so , but I don't think that makes it legal or right.



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