Tuesday, June 14, 2011

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  • sabbygirl99
    03-28 04:45 PM
    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.

    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.





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  • sriv1
    01-30 05:46 PM
    Same here.. We filed for Change of Status on Oct 1, so far no update from Vermont Center. Are these published dates real?





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  • VenuK
    06-15 01:20 PM
    hi,
    Can someone help me with the situation i'm in.
    I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
    query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
    X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
    first one was make an appeal with right documents. second one was to leave the country in 30
    days which i has NOT choosen obviously.
    In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
    APPROVAL on my H1-B Transfer with new company.
    I-94 that i have on my passport is with Old company(X) .

    Question is:
    I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
    when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
    Do i really need stamping to go out of US to visit my native country?

    Pls advise. Any answers would be appreciated





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  • needhelp!
    04-16 03:33 PM
    get involved in your Texas state chapter when you finally make your move.
    Flowermound is great, but Plano rocks! ;)



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  • chanduv23
    03-15 02:11 PM
    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...

    Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.





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  • aadimanav
    11-01 09:40 PM
    Hello experts,

    Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?

    * Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.

    * Is this not good because it doesn't help EB2 and EB1?

    * Some other reason

    Please educate and comment.



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  • adibhatla
    06-16 11:59 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude

    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

    Regards

    MA





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  • TwinkleM
    06-24 12:14 AM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...



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  • skd
    07-19 12:20 PM
    My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
    Is Tax Return for last 3 years is required document ?





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  • capriol
    01-26 07:19 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.



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  • bodhi_tree
    12-15 12:07 PM
    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.
    the only benefit of the old I140 is to port the Priority Date.

    Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?





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  • iwantgc
    05-08 10:15 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.



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  • njboy
    09-11 01:38 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --------------

    not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..





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  • manand24
    10-15 02:13 PM
    Well put logiclife....

    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to directors of operations at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.



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  • sonia_sd
    02-11 09:11 PM
    Please forward this to everyone who are in the queue





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  • diesel
    03-01 09:29 AM
    Now they are saying 17 months (until 9/30/2007)

    Is a year 10 months? What kind of math is this? :confused:



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  • santa123
    09-05 10:51 PM
    How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!

    LOL!!!





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  • Prashanthi
    07-30 06:25 PM
    My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
    Questions :
    1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

    She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

    2. What will happen to her case if something happens and I pass away while she is waiting?

    3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

    4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

    Your help would be much appreciated.

    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).





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  • mankusunny
    04-07 09:37 AM
    Hi,
    I noticed I voted in by mistake. I didn't realize this poll was only for people who got received a fee invoice. I thought this a poll to see where the PD's were. Sorry about that. I think a few others might have incorrectly voted as well.





    manand24
    10-15 02:13 PM
    Well put logiclife....

    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to directors of operations at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.





    shortchanged
    08-01 05:49 PM
    I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
    NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
    I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
    Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
    So they will bend their rule for illegals, but don't for legals!
    I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.



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