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  • pappu
    08-22 08:06 PM
    I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..

    why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...

    Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....

    Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.

    Wrong.
    We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.

    Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!




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  • Houstonguy
    04-24 11:56 AM
    Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.

    The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.

    Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!

    My $200.00 is on its way.




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  • sukhyani
    09-04 12:05 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congratulations man!

    now here is the stream of questions :)

    Your Service Center?
    GC approved with Priority date April 2001 or Dec 2004?




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  • SGP
    03-25 03:48 PM
    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
    ________________________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?



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  • mhtanim
    09-15 02:07 PM
    Can't see them. Already refreshed and deleted cookies.
    Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?

    It shows - May 1, 2008.




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  • reverendflash
    10-21 01:53 AM
    they weren't my designs... I made their designs work... :P :P

    I'm still learning on the digital design front. All of my composition training comes from photography... :P

    Rev:elderly:



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  • GCard_Dream
    04-05 04:32 PM
    Is that really true? I am not so sure about that. I thought you can get unlimited H1B extension as long as you have your I-140 approved. Do you really have to be retrogressed? Can someone confirm this please.

    If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?

    I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.

    Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.




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  • kumarc123
    07-16 03:02 PM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    Close your stupid post

    First you whine and complain of why dates didn't move, now you are focusing on when dates will retrogress?


    What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
    dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.

    Some other members with an idiotic ideology have similar posts


    Eb2 bad luck
    EB2 retrogress

    Grow up guys, everyone worked hard to see some results, as per now don't break everyone's spirit by posting all these stupid forms. Think positive and positive will happen.



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  • sdrblr
    07-21 04:23 PM
    We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.


    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas




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  • rahulpatel
    08-14 04:26 PM
    Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
    The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
    I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????



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  • lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!




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  • ashkam
    12-03 04:12 PM
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?

    Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.



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  • mmanurker
    06-06 10:15 AM
    Contributed $100...
    Transaction ID: 0LE04357M8091673D




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  • help43
    09-12 09:58 AM
    Please advise on what documents that i need to submit for H1-B amendment

    1) Previous employer Paystubs
    2) Offer letter from new company...
    3) Previous I-94
    4) I-20 ...
    5)-----



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  • karan2004m
    12-18 03:19 PM
    I filed for I-140/485 concurrently in Aug 2007. I got all receipts & EAD/FP done in November. Waiting for AP.

    I see in my 485 status online, one LUD was on 12/15, other on 12/18 today. What is it? My PD is 2007 so I dont know why so many LUDs recently. Is there something to worry about?




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  • ganesha
    02-20 06:07 PM
    My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.

    My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.

    Based on my experience, I would recommend the following:

    1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)

    2. If option 1 does not work, try to go through your local congressman.

    Hope this helps. All the best.

    any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?



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  • ItIsNotFunny
    12-05 11:02 AM
    I am already a citizen ..:) Just want to know more about PR in US.

    Me too! Citizen of India.




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  • GreenMe
    01-21 01:47 PM
    My wife and I work for Consulting firm. We both had to travel to India for Visa Stamping.

    My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.

    My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.

    I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.

    At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.

    My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.

    So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.




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  • ilikekilo
    05-27 12:22 PM
    When did they say they have repealed AC21? Is this true?

    Regarding (6) above, it is not 10K, more like 5K.

    form immigrationlaw.com

    Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed

    The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
    SEC. 713. SUPPLEMENTAL FEES.
    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
    ``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
    ``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
    Initially it was proposed to charge $10,000!!!




    gk_2000
    07-30 07:39 PM
    Yeh safar bahut hei kathin magar
    na udhaas ho mere humsafar

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    hopefulgc
    12-16 01:33 PM
    Have a paper copy of your license saved somewhere.
    I have used that in the past when i lost my license with a traffic cop. It took him 15 mins to verify my information, but saved me from getting at ticket.



    If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.

    The last 6 months of "no-license replacement" is making me very anxious.



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