Thursday, June 23, 2011

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  • aamchimumbai
    08-04 08:44 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Hello a1b2c3,

    When you say similar situation....

    .....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?

    Thanks




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  • smuggymba
    09-17 11:19 PM
    FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.

    do we know how much it is for this year?




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  • H1B-GC
    02-16 10:26 AM
    Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

    Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??




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  • meridiani.planum
    06-17 09:24 PM
    inline...

    Hi,

    This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

    1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

    no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.

    2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

    If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)

    Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

    Regards,
    swashbuckler



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  • gcdreamer05
    02-13 10:50 AM
    do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????




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  • BPforGC
    05-21 04:54 PM
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).



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  • tonyHK12
    10-11 12:58 PM
    minor correction, the bill number is S.1085. The thread heading says S.0185, which is actually rhode island medical marij***na :)..... well, its supposed to be a good pain killer.




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  • eb3retro
    06-04 07:25 AM
    dude..have some patience, people will respond. you dont need to open multiple threads for the same question..


    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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  • sodh
    07-27 04:14 PM
    The FOIA request takes around 18 months to get some answer even if your request is easy.




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  • fromnaija
    01-13 10:58 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:

    Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!



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  • mnq1979
    10-23 10:39 AM
    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

    In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?




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  • raysaikat
    05-07 11:10 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    62.42(a)
    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    62.42(b)
    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    62.42(c)
    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.

    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?

    It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).

    In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.



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  • vivache
    10-30 12:25 PM
    My EAD application has been pending more than 90 days.
    Just called the USCIS office.
    Look like the center it has been sent to is processing EAD's of date: May 03.
    So my application is still 2.5 months away.

    The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

    Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
    Looks like it isn't :)




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  • eb3_nepa
    06-09 01:39 PM
    When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.

    I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.

    I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.



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  • sanju_dba
    09-14 02:17 PM
    There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?

    Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
    this way a constant fund raising process can be established.
    thats my thinking, please pardon my ignorance if any!




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  • hdblue
    04-18 03:10 AM
    diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.

    getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.

    By the way, is it required to send 2 letters from each employer?

    Hi,

    Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.

    If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)

    Take care.



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  • summerof98
    09-04 12:42 PM
    See my signature, hope it helps. I got an LUD on my 485 on August 30th but I had no idea why, I guess it might have been the NameCheck and then this email this morning .... unf.. believable!

    joeshmoe,
    Congratulations on your GC approval. Enjoy the freedom.

    Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?




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  • samswas
    05-05 09:09 AM
    Thank you Krishna!




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  • crazydesi
    09-03 07:57 PM
    It helps for the older PD's who were stuck in name check for many years.

    They are collecting this for New visa # which are going to come in Oct.

    So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.

    Guru's any insights.




    rb_248
    07-16 05:22 PM
    Me too...it was posted 15th of June... This is not the July one :p

    That is why this GCKabhayega has so many red dots....




    MSCapBust
    07-18 03:52 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.



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