Monday, June 20, 2011

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  • gcadream
    02-24 03:38 PM
    Hi Sakthisagar,

    So this time when you are going to apply in April for ur H1 extn, you will again be paying for H1 extn fees and H4 extn in case you have dependents ?

    Also one can file for H1 extn 1 week before his current H1 expiry date right ? without premium processing ?




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  • kaisersose
    08-03 06:29 PM
    whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.

    thanks!

    You cannot know about a revoked I-140.

    But if you filed a 485 based on that 140, then since 140 denial/revoking automatically closes the 485, you will get a denial notice for the 485 and that is how you know.




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  • gconmymind
    06-02 01:09 PM
    If you use your EAD, your wife will need to maintain her own status like L1, H1, F1, etc. There is no dependent status on EAD (like H4 for H1).




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  • bluekayal
    02-25 05:21 AM
    I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..



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  • shreekarthik
    06-08 05:57 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.

    But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.




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  • raghureddy
    03-18 05:59 PM
    I have met the Senators office also last year they sent me a letter saying that USCIS is doing a background check on the company and that made me file my h1 extension from a different company.....i am confused as what to do at this stage i have a EAD which will expire in Jul 2008.



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  • mheggade
    08-01 01:07 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Is it just your imagination or did you base this on any source.




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  • pkv
    01-08 10:38 AM
    This might be a simple stupid question,

    Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.

    I used standard 2x2. Its mentioned at their website too.



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  • mchundi
    02-16 05:04 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
    Good work jungalee32,
    It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
    --MC




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  • Libra
    08-10 02:58 PM
    thanks another_one



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  • ita
    01-24 10:24 AM
    When getting the date for interview is there one day of the week better that other like would Monday ,Tuesdays be better or towards the end of the week be better for Chennai Consulate? (DOes it even make any difference ?)

    Thank you.




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  • LostInGCProcess
    09-19 05:12 PM
    as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..
    You can continue to work with the company from the day they apply for your H1(of from the day you get the receipt of h1 application)....you don't have to wait till you get an approved H1.



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  • GotGC??
    06-21 09:22 AM
    Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?


    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.




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  • desi3933
    01-31 06:39 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

    There is no 6 months requirement. PERIOD.

    As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • acecupid
    06-25 11:29 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

    Elaine,

    Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.




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  • mhtanim
    02-26 02:04 PM
    This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

    This is just my understanding. Check with a attorney to get precise information.

    No need for AP. If someone mails him the GC, he can get back to the U.S. with it.



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  • ash27
    04-01 01:21 PM
    Is there any clause that for AC-21 to be valid, a full time offer is required? The offer letters provided by companies like TekSystems are more contract based and you basically get paid/hour.

    Please advice!




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  • sapota
    02-27 01:51 PM
    From March 05 to Sep 06 data can be found at :

    http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf

    This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.




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  • menimmigration
    07-19 09:48 AM
    Hello IV Members,

    I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

    My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

    Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

    Thanks.




    gcseeker2002
    02-20 03:16 PM
    I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :

    Total : 105960
    India : 26636 = 25.2%
    China : 8222 = 7.75%

    No wonder china is moving faster in the EB categories




    rkrishna123
    10-17 03:10 PM
    Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time



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