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  • dionysus
    02-05 02:27 PM
    LoL. The response from the senator (actually from one of his assistants, for Obama did not even read your letter), may appall you thoroughly, but it was completely expected. We may think of our predicament apocalyptic, but from the point of view of a wannabe president, it is not even a problem which requires a careful and personal reading of a letter. With huge issues like Iraq war and 12 million foreigners living illegally in the country bearing down on him, who has time for a few thousand law abiding workers waiting patiently in line.

    How disheartening it can be to realize that let alone helping solve your problem, this country has not even noticed our problem on its radar. Part of our problems is actually caused by illegal immigrants, and yet we are being confused as being one of them. The analogy may sound crude to many, but now I know how the Sikhs must have felt when they were the victims of hate crimes in the wake of 9-11.

    Somewhere in these forums I read somebody�s suggestion to rename the organization to legal-immigrants-first, or a similar sounding name. It may sound wholly redundant exercise to many of us, who are living the retrogression problem everyday, but it will make real difference in achieving our goals. We must first clearly identify and register ourselves in the eyes of leader of this country, before letting them know of our problems.





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  • andy garcia
    01-22 04:31 PM
    Andy,

    Thanks for the pointer on the 539 processing.

    Does the H4 approval need to be in hand if my wife were to change her status to H1? (or) Is there an option in I 129 where she can refer to the pending I 539.

    She cannot change to H1 until Oct 1 which is when the new quota of H1's will be available unless she is going to work for an exempt organization/company. In the latter case then she can apply directly now for H1 as long as she is still maintaining H4 status.

    This is what I get from the new memo:
    Immigration Policy and Procedural Memoranda (http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf)

    I hope this will help you.

    andy





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  • vvr_rao
    09-01 11:21 AM
    You can contact your local Senator's office. They proved very helpful in my case. (I got my EAD within a week of contacting them)

    One thing I noticed was that when I contacted them about my EAD renewal delay, they also followed up on my pending GC app. and sent me a letter saying that the date wasn't current. I guess in your case they might prod USCIS to process your GC quicker...

    ...anyway... best of luck with both apps. Hope you get them soon





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  • kkartikeya
    07-14 06:48 PM
    Sending flower with little knowledge of H1B's would help him to know us better .:)



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  • number30
    03-18 06:28 PM
    Youre allowed to stay in H1 status for 6 years. If you want to extend it over 6 years, that extension will be based on the EB petition (you need an LC and approved I-140). If that EB petition is denied and denied again thru appeals (MTRs), you are out of status.

    Please read: http://www.immigration-information.com/forums/showthread.php?t=5293

    Please consult your immigration attorney and do not rely on information posted here, that is your best chance at being assured.

    Did you really read it properly? That talks about you cannot revert back H1 once you have completed six year term with no other eligible pending applications. If someone is seventh year H1 and denied after the seventh year started then he can complete the seventh year. But he will get year number eight. Approved H1 will not become invalid at this stage.





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  • pappu
    08-31 10:57 AM
    IV Update:

    IV had contacted Lance Kaplan, (speaker today ) as well as American Council on International Personnel he was representing. Here is the testimony of Lance Kaplan.



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  • for_gc
    06-13 05:13 PM
    I-140 PP is only available if you are within 60 days of your H-1 capout. So for most people who are porting PD from EB3 to EB2 , there is additional wait of six months to an year just for I-140.

    Porting PD from EB3 to EB2 can easily take 1 year including new PERM application, I-140 and I-485 interfile.

    What is interfile ? Is it changing the underlying I140 for the 485 application ?

    Can we do that ?

    Can the new I140 be from the same employer or does it need to be from a different employer ?





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  • roseball
    08-19 09:06 AM
    Thank you all for your suggestions and they are helpful.

    I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.

    Thank you again.

    If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.



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  • krishnam70
    08-14 11:21 PM
    My F1 visa was rejected for no good reason long back, before i even came on H1B. So its kind of scary every time I have to go for visa stamping. Its very random. Guess its just the fear inside me.


    So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.

    I was in the same boat as you and came here subsequently on H1. I do not think your F1 reject has any bearing on your H1 stamping both are different. If your stay in the US has been lawful, no gaps, out of status etc then you should be good be in good shape. You know the drill on the documents to carry etc if needed to get the stamping out of country.

    cheers





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  • hsm2007
    10-18 09:53 AM
    I am still waiting for everything. The only thing I have so far is Card Production email I received. I have not received approval mails or the cards. What is interesting is that 2 days before I received the CPO email I also received FP notices which is scheduled for first week of Nov. So I am confused whether or not they really approved my I-485.



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  • hopefulgc
    05-27 07:51 AM
    funny!



    This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?

    You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
    The credit card will be charged once, may be charged twice or a valid CC may get rejected.
    Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
    USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
    In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
    There would be an online survey after you buy it which would never get submitted 99% of the times.
    In case it did get submitted, somebody will read one out of 10,000.
    After reading it he will throw it in the trash can.
    If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
    I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)





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  • singhsa3
    04-27 11:20 AM
    Please visit.
    http://boards.immigrationportal.com/showthread.php?t=108916

    It is was posted three years ago but best I could find so far... Below are the details.
    Since it was posted so long ago...
    Readers, please advise, which one of the following points are no more relevant or have changed or are missing.
    ****************
    The process of E-filing was easy !!. The ASC took only 10 min for the photos and Finger Prints.

    Advantages of E-File:
    - Enter the data yourself => so NO chance of Typo errors by TSC. Make sure YOU do not make typo / name swapping errors : See : http://www.immigrationportal.com/sho...5&pagenumber=3
    - Pay by CC ; => you can immediately see that the Money has safely been charged. (Hey earn some credit card miles ..or points !! See Below : about Security Code when using Credit Card ) http://www.immigrationportal.com/sho...696#post665696
    - Get Recipt # instantly.
    - No more LOST receipts (or anxiously waiting for a RECEIPT )
    - No more LOST photos See http://boards.immigration.com/showth...hreadid=109405
    - Save Money on Photographs
    - Service Center ALSO sends a copy of the Receipt at the give address within 5 days.
    - ASC guys have become EXPERTS in handling EAD appointments. (Wait time is less than 30 min )
    - ASC officer signs and "stamps" the copy of your EAD online receipt (proof that you went there )
    - Online Receipt has "Bar CODE" which the ASC guys scan to import data.
    - ASC has a seperate Quality Control Officer who checks ALL data entered including FP , Digital Photo , A# , etc. The Quality Control Officer then signs the I-765 Application as well.
    - Appointment set using 800 # ( wait time on phone 2 ~ 3 min )
    - Time at ASC << 30 min.
    - ASC has printout of Appointment Schedule. (so no hassle explaining to them)

    Disadvantages:
    - You Have to go to the ASC for Digital Photo (U might have to take half vacation day ... ) it depends ( I took a 8:00 AM app ; Reached ASC at 7:40 AM . Door Opened at 7:50 AM . finished by 8:10 AM. Back to Office at 9:00 AM )


    I-765 EAD ONLINE APPLICATION GUIDE

    These instructions assume that this EAD online application is based on an I-485 adjustment of status application filed at a SERVICE CENTER based on an I-140 employment-based immigrant visa petition.

    Before you start the online application, please make sure that you have the following:

    1. Your computer has Adobe Acrobat Reader (to create and save a document in PDF format); you can download the Acrobat Reader for free at the following site:

    http://www.adobe.com/products/acrobat/readstep2.html

    2. You have your ALIEN NUMBER assigned to you when the I-485 adjustment of status was filed (and contained in your last EAD card);

    3. Your I-485 filing receipt number

    4. The I-140 filing receipt number (for the principal applicant);

    5. The date you last entered the USA and the category admitted in (H-1B, L-1,advance parole, EWI is for persons who entered illegally);

    6. The port of entry to the USA (city);

    7. Current status (enter the same category that you entered in or converted to while in the USA: H-1, L-1, F-1, advance parole);

    8. The date you last applied for an EAD; (Or MULTIPLE EAD's) Have information for all of them.

    9. The place where you applied (Texas Service Center, etc);

    10. The results of your last EAD application (granted, denied, etc);

    11. Credit Cards / Personal check so you can read the Bank routing and accounts numbers; (I would recommend CREDIT CARD )

    12. The name of Credit Cards/ checking account holder as it appears in the Bank records;

    13. The address of Credit Cards/ the checking account holder as it appears in the Bank records;

    14. The phone number of the Credit Cards/ checking account holder as it appears in the Bank records.

    Use the LINK:==>
    https://egov.immigration.gov/ins_efi...on=Select_I765

    The first step to take is to got the initial page of the BCIS website:
    Please select e-Gov Services @ BCIS

    **At the next page, please select eFiling BCIS Forms.

    **At the next page, please select Form I-765, E-Filing Application for Employment Authorization.

    **At the next page, please select I-765 .

    **At the next page, please select Begin Application.

    **At the next page, please select oval one (I am filing the form for myself or to assist someone. I am not a qualified Attorney) and then press CONTINUE;

    **At the next page, please select RENEWAL OF MY PERMISSION TO ACCEPT EMPLOYMENT and complete all the biographic data about yourself – almost at the foot of the application, include the ALIEN NUMBER beginning with the letter A and followed by the numbers without any dashes (there is NO NEED to include the I-94 number—all you need is the alien number);

    **At the next page, select YES to the question “Have you ever before applied for employment Authorization form BCIS? And include the Service Center where the I-485 application was filed: TEXAS SERVICE CENTER, VERMONT SERVICE CENTER, NEBRASKA SERVICE CENTER or CALIFORNIA SERVICE CENTER; also include the date of the last EAD application (see the date of the last EAD was issued and use that date) and the results GRANTED – You should also enter the DATE OF LAST ENTRY TO THE USA, PLACE OF LAST ENTRY, MANNER (B-1, H-1, ETC)

    AND CURRENT STATUS IN USA (parolee if entered with a parole or otherwise the same status as last entry even if expired, if in doubt leave blank !!
    Options are NOT in order; so it is possible that you may select the wrong one e.g (Select H1 insted of H1B ) Please see the alphabetically sorted list :: http://www.immigrationportal.com/sho...841#post716841

    At this point, you will see a box that states PLEASE SELECT YOUR ELIGIBILITY STATUS. Here you will enter the code (c)(9) Filed I-485.

    Very Important:
    Then a box that reads PLEASE PROVIDE INFORMATION CONCERNING YOUR ELIGIBILITY STATUS – Here you should enter the filing receipt of YOUR I-485 application and the I-140 filing receipt (yours if your are the principal applicant or of your spouse/parent if you are not the principal applicant) –Example I-485 SRC-00-000-00000 and I-140 SRC-00-000-00000 –

    **The following page will ask to confirm the particulars of the Credit Card or checking account being used to pay the $120.00 filing fee.

    Very Important:
    Always check the box which says I will be mailing supporting docs !!

    Why Mail Supporting Docs : Read this:
    http://boards.immigration.com/showth...hreadid=108423

    Very Important:
    Once the payment has been accepted, please PRINT THE ENTIRE APPLICATION, which will include a filing receipt, and a completed I-765 application.
    Please also SAVE the application in your computer for future reference.

    Very Important:
    Print application : Make a covering letter: (see Below) : Send to Appropriate Service Center. Send it CERTIFIED MAIL + RETURN RECEIPT. If mailing 2 APPILCANTS send 2 MAILS / ENVELOPS: MARK THE ENVELOPE CLEARY: ORIGINAL SUBMISSION : SUPPORTING DOCS FOR E-FILED I-765.
    [U]Following is not applicable any more:
    The instructions will provide you with an (800) number to call to make an appointment to go to the nearest Application Support Center (ASC) to have your INDEX PRINT AND PHOTO TAKEN. PLEASE CALL IMMEDIATELY AND MAKE AN APPOINTMENT. When you call the (800) number, please select the FINGERPRINTING OPTION. When you go to the ASC, BRING THE ENTIRE APPLICATION AND FILING RECEIPT AS WELL AS PASSPORT/DRIVER’S LICENSE . At the ASC they will photograph you and take your index print. The photo and index print will be digitized by the ASC and will be forwarded electronically to the SERVICE CENTER where the I-485 application is pending.

    NOTE: THE ASC has a "PRINT OUT" of all the APPOINTMENTS that were made by calling the 800 NSC number. So when you go to the ASC they will have the information about your name, APP time, A#.

    Things to take at the ASC:
    Current Unexpired EAD.
    Printout of the EAD APPLICATION that was filed online. (Note the ASC uses the "BAR CODE" on the Application to enter some data during FP)
    Driver Licence

    Sample Covering Letter for PRINCIPAL APPLICANT:

    Dear Immigration Officer,
    I have submitted my EAD renewal application electronically on xx/xx/xx. The BCIS Receipt number is xxxxxxxxx. My A# is xxxxxxxx
    Currently, I am working on the EAD which was issued on xxxxxxxx.

    Please find attached the following documents for the Renewal of my I-765 E-Filing

    - Copy of the Confirmation Receipt notice
    - Copy of Current EAD (Front & Back)
    - Copy of I-485 petition (Adjustment of Status Application Pending with TSC)
    - Online Status of my I485 receipt
    - Copy of I-140 Approval Petition
    - Copy of Previous EAD mailer
    - Cut out mailer of previous EAD Approval.
    - Copy of I-94
    - Copy of Passport (which has Bio-graphic data)
    - Copy of Drivers License

    Thank you, I appreciate your time and attention to this matter.

    Sincerely,

    Sample Letter for Derivative Applicant:

    Dear Immigration Officer,
    ****same as above*****

    - Copy of the Confirmation Receipt notice
    - Copy of Current EAD (Front & Back)
    - Copy of I-485 petition (Adjustment of Status Application Pending with TSC: Derivative Adjustment)
    - Online Status of my I485 receipt
    - Copy of I-140 Approval Petition of Principal Applicant (My spouse: xxx xxxx)
    - Copy of Previous EAD mailer
    - Cut out mailer of previous EAD Approval.
    - Copy of I-94
    - Copy of Marriage Certificate
    - Copy of Passport (which has Bio-graphic data & Husbands Name)
    - Copy of Drivers License

    Thank you, I appreciate your time and attention to this matter.

    Sincerely,
    Very Important:

    ***************************



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  • texcan
    08-24 09:55 PM
    Hello -

    As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)

    Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.

    Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.

    Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.

    If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....

    ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.

    Thanks

    Ask you lawyer or read RFE there are other ways to prove marriage i.e. marriage certificates, relative affidevits. Also you must have shown some proof of marriage when your wife was getting visa ( if she came on dependent visa).

    Or ask your parents/friends in india to get certificate from registrar. Not sure if this will work for you now, one of my friends had gone to church in US and got marrried ( even though they had been married for 2 years but had not registered for marriage in India).





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  • nat23
    02-22 10:08 AM
    Is the text of CIR already published? Is there a link to that?

    Its mentioned in the article on Washington Times (the link is given above)



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  • gc_chahiye
    12-09 04:02 PM
    ... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?

    all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.

    See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.

    Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.





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  • sodh
    07-12 03:56 PM
    Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....
    180 days is the limit you can stay legal even after your H1-B expires provided you have applied in time for the extension and ofcourse if your extension is not rejected.



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  • delhirocks
    08-14 12:28 PM
    I completely disagree..There is this huge debate in IV about EB2 & EB3 IN. Everyone is looking at the dates and predicting that EB2 I will be current sometime in '09. This is perceived as injustice to EB3. What people don't realize is that USCIS is not processing. What good is a forward movement if there are no tangible benefits for folks who have already filed AOS.

    Forward movement in Sep VB magnifies the USCIS inefficiencies. Despite the rhetoric on the board, this is -ve development in my view. Empirical evidence suggests that there are 1000s of cases pending for pre 06 EB2I & C and yet USCIS could not get that back log cleared. They obviously could not process enough to exhaust the available visa numbers and thus the forward movement by DOS.

    This bodes well for CP filers…good for them.


    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.





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  • sam_hoosier
    06-09 02:09 PM
    Per USCIS website, its talking 11 weeks for EAD renewal at NSC.

    https://egov.uscis.gov/cris/processTimesDisplay.do





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  • snathan
    04-09 10:40 PM
    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday

    1. You have two hands and two middle finger...just show to him and move on.
    2. Or call the DOL and inform all...and he will be in soup.

    Put everything in e mail or certified mail and pass all those information to DOL and move on.

    You dont have to bother anything else.





    leo2606
    08-18 10:35 AM
    How is that going to prove they are husband and wife?

    Joint Tax filing ?





    anilnag
    11-07 04:16 PM
    Your PD is quite old. As everyone said keep the doors open. You might get GC sometime later in 2008. Then u decide whether to come back on GC or enjoy Eiffel Tower.



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