Sunday, June 26, 2011

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  • TexDBoy
    06-07 03:36 PM
    When is your last entry to US?
    why r they asking for so many years back?




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  • manishcp
    09-21 07:00 PM
    Thanks for information.
    Manish




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  • Brad
    May 23rd, 2005, 01:47 PM
    Hey, good job on these photos. I've been down there before and I've noticed that you really have about a 10 minute window just after the sun comes up and before the sun goes down when the light pulls out details and colours out of the rock that you never saw before!




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  • sree_99
    02-01 07:11 PM
    Sorry, if this is already discussed mutiple times. I was not able to find any Info.

    My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.

    While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated

    Thanks,
    -Sree



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  • purgan
    10-13 07:23 PM
    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US




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  • vishwak
    08-03 08:46 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

    -----------------------------------------------------------------------------------------------------

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR



    It does looks confusion.
    I believe its...just SR denied not case. Hope for the best.



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  • HV000
    10-27 12:31 AM
    Being a Democrat, Kennedy is ONLY going to care about ILLEGALS. We all know how much time he spent debating CIR few months ago.

    Canned response is a SLAP ON THE FACE!!




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  • satishku_2000
    02-21 02:34 PM
    In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...

    That sounds like a very good movement and unbeleivable...



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  • ushkand
    07-20 10:44 AM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.




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  • kshitijnt
    07-11 10:37 PM
    As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.



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  • sai
    04-18 10:21 AM
    Its accurate:
    AILA site also shows the same
    http://www.aila.org/content/default.aspx?docid=19127




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  • GCPagla
    03-17 08:58 AM
    Hi All,

    Thanks for all your support and soothing words.
    I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.

    The excerpt form our communication is as following.
    a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
    b) offer ltter need not describe word-word match of designation and duty.
    c) if there is a huge rise 50% - no issue.
    d) company size does not matter.

    So I had decided to take the plunge, especially when I have my attorney guarding the case.
    Write the market condition is not to well for H1B
    a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
    b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.

    So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.

    Thanks



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  • dixie
    02-15 10:11 AM
    Definitely an idea worth considering. Of late we hvae had too many "new members" who turn out to be 2-3 post wonders - get their questions answered and vanish without a trace. But given the subsidy mentality prelavent among our "educated and skilled" community, I doubt the idea will fly.




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  • chanduv23
    06-08 06:37 AM
    No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.

    IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...

    For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.

    And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.



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  • fasterthanlight�
    06-06 03:50 PM
    The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.

    Yes!!!!!




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  • GCard_Dream
    01-31 01:09 PM
    Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :

    1. has a approved labor and 365 days have passed. OR
    2. has a approved I-140

    Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?

    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna



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  • GCFever007
    07-19 10:04 AM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.




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  • FinalGC
    12-02 01:21 PM
    If your company is paying for GC, then go ahead and apply for GC and hope 140 will be approved, so that u can apply for H1.

    Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.

    1. Go back to India after 6year expires
    2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
    3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status

    hope that helps




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  • arihant
    12-02 10:54 AM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.




    fide_champ
    06-25 10:39 AM
    The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.

    But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.




    espoir
    06-20 11:58 PM
    I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
    I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
    The above is just my theory. I could be totally off, so don't come to any conclusions.



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