Friday, June 10, 2011

shake it up

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  • leo2606
    10-15 09:48 PM
    Yes but where did you do your Bachelors and in what?
    Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).



    No I did MS in computer Science from here only





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  • bluekayal
    10-20 06:06 PM
    Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140!





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  • iwantmygcnow
    10-15 04:06 PM
    Thank you





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  • shantanup
    10-15 11:17 AM
    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?



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  • immm
    07-13 01:35 PM
    I think it is in the best interest of ImmigrationVoice and its members that offensive and derogatory messages be deleted/banned as they serve to harm the group as a whole.

    However, the statement quoted below, if used out of context, will serve to be just as detrimental to ImmigrationVoice and its members because Free speech is the hallmark of this great country.
    I would recommend that this statement be rephrased to say that while ImmigrationVoice champions the free speech, it is in the best interest of its members that the offensive posts be censored :

    Immigration Voice neither promises nor practices "Free speech" and "First amendment rights"





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  • prem_goel
    07-05 12:41 PM
    I am kindda in a similar situation. if your wife goes to F1 visa, and the dates become current (i.e you are eligible to apply for 485), you cannot add your wife to your 485 (immigrant AOS) petition on her F1 status. She either will have to come to H-1B/H-4/L-1/L-2 status. I had this conversation long time ago with my lawyer. The reason is that these categories of visas are recognized to have dual intent of migration. F-1, B-1 etc are not so you cannot apply for 485 if you are in any of those category of visas.

    This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.

    I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.



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  • ubetman
    08-08 10:28 AM
    My application has not been sent yet. They are planning to send it to TSC. My confusion is:

    According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.

    Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...

    tension ...confused....lawyer don't reply...he doesn't care much...

    anybody has hotline number to call and confirm with USCIS...thanks in advance..





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  • dixie
    08-22 02:07 AM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.


    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?



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  • SL%%
    03-02 01:00 AM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil


    a.) true, like me
    b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
    c & d.) I don't understand this, are you out of US?



    Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?


    H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.

    IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.

    The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.





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  • vallabhu
    09-10 10:04 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues

    So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer

    an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.

    if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application



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  • Sunx_2004
    07-09 11:01 PM
    For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
    I send my application via fedex today to following address..

    For private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225
    I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.

    Very rarely USCIS gives street address for sending application.





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  • dpp
    12-30 09:31 AM
    What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.

    So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.

    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.



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  • satishbsk
    08-05 11:01 AM
    When was ur recent visa issued?
    If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.

    ____________________
    Contirbuted $280 so far





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  • telekinesis
    10-15 08:06 PM
    nocturn.net is not the site I think I am looking for lol, do you have another link?



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  • x1050us
    06-25 09:50 PM
    you dont require to file I 539 since she is out of the country ,so currently she has no status .
    I understand that. But does it have any negative impact ?





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  • gcapply
    09-15 10:48 AM
    hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
    my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?



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  • eastindia
    01-06 08:33 AM
    February visa bulletin will be out this week any day.

    What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?





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  • imneedy
    06-07 01:35 PM
    In NJ this is how it has been for last few years.





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  • amberGC
    07-19 11:00 AM
    Chanduv thanks for your reply. I could not think of anyone who would know this in dept... Do you think there is still hope for me? I am about to give up on 2008 match and wait until gc comes...
    Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
    I am new here- will check the IV Physicians group.





    jonty_11
    05-05 05:57 PM
    I think this kind of question can be best answered by USCIS.....
    So when u call next ask this...





    laksmi
    12-12 06:29 PM
    she can go out of country but she can not return to usa, until unless she have valid visa or AP.



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