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Saturday, June 25, 2011

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  • no-tec
    10-14 07:28 PM
    i think its like that for everyone. theres always 100
    s of ppl on at once. :(





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  • hai_yeh_gc
    04-26 09:41 AM
    Guys, I made a silly mistake - I reversed first name and last name values - realized after submitting the form.

    Should I put in a covering letter about the mistake with supporting docs.. or just let it pass through.. I'm worried that they might reject my application and I'll have to file again ( no refund !!! :( )

    Any suggestions please ?





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  • alterego
    03-16 12:59 AM
    What I understood from Ron's article:
    They're not processing fast enough to exhaust visa numbers.
    They want to minimize visa number wastage.
    They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
    Many people will have dates current, but few will get approved... it'll be luck of draw.
    Dates will then return to retrogressed levels at the beginning of the next financial year.
    However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.

    Well put together summary!





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  • meridiani.planum
    11-19 02:21 AM
    inline...
    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?
    --its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years

    2. How long does it take if to process it using EB2? I am from Russia.
    --if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases

    3. Is it possible to switch to EB2 somehow?
    --u will need to redo the LC stage.

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    --see below

    5. At what step of GC processing can I change a compamy that I work for?
    --6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months

    If I were in your place, I would drop this LC and file the one in EB2 asap.



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  • ItIsNotFunny
    03-26 01:33 PM
    No, if you had H1 before (in 6 years) you are not subject to cap.

    If you don't have 1 year gap. otherwise you are subjected to.





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  • kshitijnt
    11-12 08:53 PM
    Studentoflife:

    You can consider filing a request with Department of Labor under freedom of information Act. (FOIA). DOL has a webpage dedicated to FOIA and how to apply. Under this they will be obliged to give you a response in 20 days on whether they will provide the information or not (only yes or no). If they delay more than 20 days, you can file a lawsuit in any US district court. If you prove to the judge that you are entitled to this information, DOL must provide it.



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  • rockstart
    10-18 12:31 PM
    I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?





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  • indio0617
    01-08 02:53 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,

    They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.

    I would say it is a 50 -50 chance given their profile.



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  • doomdoom
    03-17 11:02 AM
    Me also got RFE for 485. My priority date is 2006 Aug. Mine was related to medical report. Dr corrected the mistake and replied back.





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  • ksita48
    09-03 11:02 PM
    My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:



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  • omved
    08-14 07:10 PM
    Hi Friends,

    While filing I 131, I came across this information

    "{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    A. You are in one of the following nonimmigrant categories:

    1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
    2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
    3. A K-3, spouse, or K-4, child of a U.S. citizen; or
    4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"

    My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..

    Should I get H1B stamped in Mexico / Canada / India

    OR

    Should I apply for AP.

    I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.

    I don't know what to do. Any help pls..

    Thanks

    Omved

    1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
    H1b 7th year in extension
    EB 2 - PD April 06





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  • velan
    06-22 01:56 PM
    Well said. Be positive and work with IV core team to get something done.


    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!



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  • easygoer
    02-10 06:09 PM
    Someone can shed light why these numbers would disappear before march and would not get rolled over to EB3 and EB2? What are the provisions?





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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).



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  • Enebreus
    02-09 03:31 PM
    Ooooh my bad. Sorry about that. It's kind of like joking about bombs in an airport lol. Its kind of an edgy subject. Anyways, congrats!

    It's all good.
    That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)

    Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.





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  • bank_king2003
    09-13 03:27 PM
    You can break height of injustice from USCIS by filling this. (WOM)
    learn more about it online.

    i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.

    you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.

    you need two things for this.

    Balls + Money

    regarding class action lawsuit, i am not sure if it could be filed or not against USCIS



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  • reno_john
    06-20 05:19 PM
    Sam is rite, Leave it blank , USCIS will check the system and fill it. I have seen few cases in this forum where applicant wrote a A# and when they received the receipt it was different, SO leave blank there is no harm.

    Even my attorney left it blank even though I have my I-140 approved before filing my I-485





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  • sbmallik
    05-28 03:46 PM
    If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.





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  • trump_gc
    07-06 08:19 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?





    viswanadh73
    01-04 08:47 AM
    hi gjoe,
    thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?





    Berkeleybee
    05-31 01:31 PM
    Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.

    Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)

    But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.

    What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.

    best,
    Berkeleybee



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