Linggo, Hunyo 26, 2011

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  • unseenguy
    06-19 01:18 PM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B

    Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.




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  • gaggu
    07-12 02:20 PM
    This place is addictive...




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  • gvenkat
    02-25 05:15 PM
    with the level of competence and intelligence shown by the USCIS.. u think they will care if some one changes jobs.. i dont think so.. desparate times need desparate measures and we should not be worried about these non-sense at all




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  • hojo
    09-06 03:15 PM
    whoa, also very nice text on the footer, having it upside down. didnt even make out what that was until just now, again looks great.

    thanks for the tutorials above, hopefully i'll have a footer worth posting about soon, heh



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  • insbaby
    08-06 02:36 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    For EB3:
    ---------
    You get married
    ************* Apply in PERM
    First Kid
    ************* PERM approved, 140 Filed
    Second Kid
    First Kid goes to Pre-K
    ************* 140 approved, waiting for PD
    Second Kid goes to Pre K
    You buy a Home
    Kids going to High School
    ************* PD is CURRENT, appy I485
    Kids going to College
    Kids graduated
    Kids getting married
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"


    For EB2:
    ---------
    .......
    .......
    Kids getting married
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife




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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.



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  • vxb2004
    04-27 09:29 PM
    Legal-In-A-Limbo,

    I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?

    Any inputs? Thanks in advance.




    same happened with me, already posted on couple of other threads.

    Hi,

    My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

    Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.




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  • jonty_11
    12-26 11:44 AM
    Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession



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  • smaram1
    11-24 08:44 AM
    � Confirmation Receipt of E-filing
    � Letter with the reason explaining why do I need to travel
    � Copy of I-485 receipt
    � Copy of I-140 receipt
    � Copy of I-94 both front & back
    � Copy of EAD
    � 2 Passport photos
    � Copy of marriage certificate
    � Copy of Driver License
    � Copy of Passport




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  • nepaliboy
    05-17 04:37 PM
    Its a worth to try..give it a shot..take Infopass or call nation server center etc..

    i took infopass last week and went to atlanta to see io he shedule my fingerprint appointment for may 28 2008 and told me i will receive apointment letter with in one week and i am waiting for letter.
    i called service center 3 times open 3 sr request for finter print appointment but nothing happen so i took infopass last week so it good idea to take infopass .



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  • virtual55
    03-27 03:35 PM
    http://www.nrilinks.com/usa/indians/assc.htm

    guys if any of you are members of the above organizations request them to send a mass email to their members about Immigration Voice and ask them for funds . If you have any links of other organizations post them here and contact them.

    Here is the email format:

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36




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  • vrbest
    09-09 10:42 AM
    Looks like you missed to check it before you went thru hospital. It is always advisable to apply Birth Certificate thru Hospital and apply SSN yourself at the SSN office.. This way you will get your SSN within 2 weeks of you applying SSN. Many times hospital staffs explain this unfortunately you did not get this msg.. You can call SSN office and see if you can get SSN over phone.
    Good Luck!
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?



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  • satyasrd
    05-19 07:37 AM
    Pappu/IV Seniors,

    This sounds totally outrageous ! I mean if the company is genuine and no one is on bench etc. what was the ground for deportation ? And what is this about intimidating the immigrant ? What can we do to bring these cases to light and ask for explanations ?

    Thanks.

    I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded

    CBP --who is your manager
    XYZ -- Mr ABC who is based in atlanta ..
    CBP. hmmm.. can i have his phone #

    CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
    no call back # nothing ..

    meanwhile XYZ is asked to sign papers ..
    I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
    so poor xyz has no option but to sign and get a stamp on his passport that he is being deported


    Councilor access is a myth and so is trying to call and talk to the CBP officers
    and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench


    i can field any questions ...




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  • gcwait2007
    12-08 07:18 PM
    USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.

    I found the following in DHS website:

    CIS Ombudsman - Send Your Recommendations

    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.


    I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.

    Thanks



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  • texcan
    03-03 11:37 PM
    hi all,
    my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)

    this is final stage of processing, get ready for GC stamp on passport.
    Good luck.




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  • pa_arora
    02-10 06:32 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
    Good analysis.. but whatever it is - every drop counts. ;-)



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  • shruthii_1210@yahoo.com
    09-30 12:37 PM
    1) If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?

    3) 1 1/2 yrs is the current H1-B status

    Thanks
    Karthik




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  • sanjay
    08-20 12:47 PM
    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.


    It not a computer glitch for sure. As the explanation goes like this:

    we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.




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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.




    Dhundhun
    05-21 05:47 PM
    I think, too many documents not required. The US Embassy in Delhi asks for:

    If you have a sponsor for your trip
    -- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
    -- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
    -- Documents to show the sponsor's legal status in the U.S.

    Refer to http://newdelhi.usembassy.gov/nivbvisas.html.

    Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).




    sweet_jungle
    10-13 01:47 AM
    Myself and my wife were discussing on this and there are also some contradicting results from the vaccine.So a vaccine no long enough in the market , whose resukts not yet agreed completely by all the doctors shud not be mandated for anyone ,not just immigrants.

    lets start a signature camapign to oppose this. even though it affects only some people (does not effect me, for example), we need to register protest to send an answer to uscis that they cannot do whatever they like.



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