Sunday, July 3, 2011

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  • diptam
    08-18 03:55 PM
    The bottom of the "Receipting & Lockbox" update clearly says that it may take upto 14 days to get physical receipt or Checks cashed for the dates they say Current. Which means July 2nd 485 apps are declared Current on Aug 17th , so the receipts can come as late as Aug31st i.e after Labor day weekend Sep 4th.

    Hang in there guys & Maintain Hope - Plan for a Day off with your Client on Sep 18th at DC. The core and some folks are really working very hard for this Rally - Lets at least support them by attending.

    Also Please look at the detailed discussion on other thread :-

    http://immigrationvoice.org/forum/showthread.php?t=5935&page=40

    Hi July 2 filers any update I did not get any ........
    How much more time for checks to en cash and what about the receipts .......
    And what is the NSC to TSC trasfers, when is that gonna happen ......





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  • Jaime
    09-12 02:59 PM
    http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560

    Thanks





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  • raju6855
    02-08 08:32 AM
    My wife's passport was received from Delhi Consulate after about 21 business days.

    My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.

    So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.

    I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.

    I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.





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  • Blog Feeds
    10-05 09:40 AM
    What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...

    More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)



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  • Lisap
    09-27 04:37 PM
    So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??





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  • harinim
    11-25 03:22 PM
    Hi All,

    I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

    My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

    1. Should I re-appeal?
    2. Do Labors get approved in re-appeal?
    3. Can I start a new Labor application with the same employer simultaneously?
    4. What�s a safe category to apply at this point in time. EB2 or EB3?


    Thanks



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  • kamand
    01-06 12:19 AM
    Thanks "glus" for the information.

    I received the below advice from an attorney in another forum.

    "Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."

    According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?

    Thanks.





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  • uma001
    05-28 04:09 PM
    Hello,

    I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.

    Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?

    1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?

    2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?

    It is really tough to get extension for an IT position. consult a lawyer



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  • mheggade
    07-25 01:47 PM
    add August to this poll





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  • Student with no hopes
    12-14 08:33 AM
    Will the retrogression in Family Based have any consequences for the Employment based immigration?



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  • vidyakulkarni
    06-08 11:37 AM
    Mr. Butterfield's Opus: Advocacy Days....and a little sightseeing (http://mrbutterfieldsopus.blogspot.com/2010/06/advocacy-daysand-little-sightseeing.html)





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  • ckpas
    09-23 03:19 PM
    Need some help/advice on PERM LC issue:

    My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

    On may'09 got a query saying "Discrepency in Alien education and experience".
    Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

    my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

    Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

    thanks in advance, appreciate comments

    UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.



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  • illinois_alum
    11-01 02:59 PM
    Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.

    Here's my situation: -
    1. I have been on H1 status for the past 6+ years.
    2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
    3. My wife's H4 renewal petition has also been approved.
    4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
    5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
    6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.

    At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?

    Thanks





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  • webm
    02-25 09:16 PM
    Can someone travel with AP with an expired passport? Thank you.


    You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...



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  • illusions
    03-17 05:06 PM
    but but you will still need to wait for 9+ months to get your new 140 approved right?
    But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.

    vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:





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  • poorslumdog
    05-14 01:07 PM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    I am just asking for information...How you are moving to EB1 from EB2. Can you share with us...?



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  • bugsbunny
    04-04 04:14 PM
    yeah there is no grace period...and am not sure you can transfer after it has been revoked

    However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company





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  • rsayed
    02-21 03:38 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise

    I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.

    Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).

    From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.

    GOOD LUCK!!!





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  • mdmd10
    07-18 04:12 PM
    Since this is already being dicussed in the thread mentioned above. Thanks





    GC_ASP
    07-18 02:01 PM
    Nothing to worry dude. Your wife is not out of status. Her I-94 is valid. No issues with 485.
    You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.





    zico123
    06-19 09:54 AM
    thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
    If you cannot get an appointment for interview you can schedule an Emergency Appointment at your consulate. Check consulate website for details.



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