Friday, June 17, 2011

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  • a_yaja
    04-02 03:18 PM
    If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
    I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.

    Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?




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  • averagedesi
    08-29 09:14 PM
    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.

    There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks




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  • kirupa
    10-11 04:25 AM
    Thanks - fixed! :)




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  • Pagal
    09-17 12:50 PM
    Hello,

    Closing of the sponsoring company may turn out to be a blessing in disguise ... if you show up at Comany A and ask for the employment as listed in your application, Comany A can show its inability to employ you siting the pending closure. As soon as this happens, you are a free agent to work with any other company in same/similar job. I remember reading this advice on murthy last year and you might find some links through IV archives as well.

    Good luck!



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  • vgc
    07-26 10:37 AM
    SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


    At the appropriate place, insert the following:

    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--

    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;

    (2) by redesignating clause (vii) as clause (ix); and

    (3) by inserting after clause (vi) the following:

    [Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

    ``(viii) 115,000 in fiscal year 2008; and''.




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  • India76
    10-28 01:00 PM
    Wish you and your family a very happy Dipawali!!!!!



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  • rb_248
    08-02 02:59 PM
    I use my pigeon for delivery. It reaches on time every time.




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  • kpkrind
    05-05 11:04 AM
    My spouse was on h1 earlier, she is now on h4, however her h1 petion is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh H1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

    Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?



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  • chanduv23
    12-08 08:43 PM
    Lets reach our target soon- come on fellow IVans - come on - please contribute for a good cause




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  • Green.Tech
    03-26 12:06 PM
    Apparently the session is in progress; started at 11:30 am EST.



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  • Alabaman
    11-09 02:00 PM
    Like my name suggests this is Alabama. I am in Birmingham... lets gather round yall.




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  • sri_chicago
    05-14 06:36 PM
    Hi sts_seeker,
    Could you please provide me USCIS customer service phone number options to discuss about RFE.



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  • dish
    09-25 09:56 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.




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  • X-Wing
    05-16 11:28 AM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,



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  • Hewa
    07-27 01:07 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

    Use the latest (and valid) I 94. The one that came with the H1 extension.




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  • chanduv23
    07-17 07:37 AM
    Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.

    All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.

    In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.

    Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.

    After things go well for u- screw them big time, expose them on the internet and desi crunch.



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  • ivgclive
    08-23 06:14 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    You have rights to ask the above items. But it can not be done thru USCIS.

    You should hire a good lawer and proceed thru court.

    Good luck.

    PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.




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  • rogerdepena
    08-01 10:47 PM
    These are applications entered into the system on August 1st, not the ones received on August 1st.


    i disagree, they usually put the date of receipt in there and not the encoded date.




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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin




    kirupa
    11-21 05:42 AM
    The poll will go live tomorrow (Saturday) :)




    billu
    08-05 08:26 PM
    we live in an apartment and our landlord does not give permission to install antenna, neither do we get any dish tv (indian channel) signal due to trees around the complex. i recently heard about dish iptv where they connect a wire to your internet modem and you can watch desi channels on the tv. does anyone have this service and what has been your experience with it?they have a contract and i want to know if it really works before buying the services. thanks a lot.



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