Wednesday, June 15, 2011

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  • gondalguru
    07-05 01:25 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.

    I disagree. Who ever is able to file AOS gets associated benefits of EAD/AP/AC21 etc and it never hurts to have these benefits available.

    I agree with your last suggestion. I-485 processing should be according to PD.




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  • pd_recapturing
    11-27 03:55 PM
    Your 180 days will be completed on 9th Feb 2008. I guess, if you can make sure that your company does not revoke your I-140 till Feb, you should be good. In the mean time, you can join another compny on EAD. I read somewhere in the forums that in case of layoffs (<180 days), one should get a letter from the company that states that they are laying you off NOT that you are resigning. This letter sometimes helps if USCIS issues RFE. This is my opinion and I am not a lawyer.




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  • mihird
    09-26 04:29 PM
    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

    Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..




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  • Medicare, Medi-Cal, Medicaid,


  • Legal
    07-12 02:22 PM
    Guys!
    Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

    Keep up the spirits MAN !!

    Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.



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  • walking_dude
    03-03 05:23 PM
    Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.




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  • fromnaija
    05-22 04:45 PM
    Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.

    Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

    With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
    1. based on pass marks?
    2. based on who has the highest number of points for each country
    3. Does the priority date come into plat at all?

    hope somebody has the answers for these questions.



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  • leenakamat
    08-15 02:15 PM
    You can file a DOL complaint, which could spell serious consequences for the employer. You could also file a wage claim with your state's employment development department to recover the wages you were owed.




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  • trueguy
    04-28 12:04 PM
    No issues for me when I came back on H1B on 4/20/2009.

    I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.

    No issues whatsoever, no question asked and it was smooth sail.



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  • mbawa2574
    08-05 12:26 PM
    Get your Green and be happy bud !! USCIS is a black hole. There is no queue, no FIFO and no accountability. I would rather pay them extra $1290 if they can guarantee that my app would be approved in a specific time frame. I hate to dial that number and talk to those inefficient unskilled IO's and customer service people.




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  • dealsnet
    08-31 01:13 PM
    You are correct.
    I think last action on I-94 is valid.


    According to my knowledge you have 2 options
    1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
    2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94



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  • Hong12
    12-16 01:51 AM
    Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:

    USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.

    Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.

    In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.




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  • franklin
    07-17 06:05 PM
    Donate so we can continue fighting!

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute



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  • kubmilegaGC
    09-11 03:52 PM
    bump...




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  • asterix
    02-23 09:50 AM
    50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.

    The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
    EB1 - 3K
    EB2 - 3.7k
    EB3 - 3.1K
    EB4 - 0.6K
    EB5 - 0.02K
    Total EB - 10.7K

    Schedule A - 6.7K

    Am I missing something?



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  • techskill
    08-10 04:55 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)


    Correct me if i am wrong. In May Visa bulletin the PD date was April 2004 and in June 13 th Visa bulletin it was Current for July filer and after that everybody knows about the fiasco. How come you filed in June when your PD was not current (Your PD in mail is Dec 2005)?




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  • singhsa3
    05-01 11:29 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS
    singhsa3:

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...



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  • rb_248
    10-19 04:58 PM
    Friends,

    If you want to use AC21 and are worried about matching job descriptions, you may do the following:

    Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)

    Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.

    My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.

    My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.

    I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.

    PM me if you have any further questions.




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  • techskill
    08-10 05:44 PM
    There is an Indian guy who applied on June 1st and got approved.

    http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
    http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195

    But the OP's approval doesn't make sense


    But that was Oct 2002 PD, so he was eligible to file




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  • BharatPremi
    07-27 12:40 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    tkasi,

    I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.

    Note: Please seek legal advise from authorized lawyer foryour immigration
    need. This is just merely my opinion.

    - BharatPremi




    vandanaverdia
    09-09 03:13 PM
    ^^^ bump ^^^




    dontcareanymore
    08-24 12:44 PM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)

    Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..



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