Tuesday, June 7, 2011

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  • averagedesi
    09-22 09:33 AM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.





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  • myan88
    03-29 10:29 PM
    I need help on my 140 filings. My situation is:

    02/2004, applied EB3 LC, pending until 02/2007

    10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession

    in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.

    But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...

    I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.

    Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?

    Thanks





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  • smuggymba
    03-14 08:28 AM
    Yes, some of them do.
    And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.

    All you need is a team of 2-3 people reporting to you and one project in europe/australia and you'll qualify for EB 1 as per Infy's rules.





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  • samswas
    04-20 05:41 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun


    She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.

    Here is the link to make an appointment for INFOPASS

    https://infopass.uscis.gov/info_en.php

    Another option is talk to your Congressman.

    Goodluck



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  • TomPlate
    07-11 01:59 PM
    sundevil you pig
    glus you moose idiot.
    get lost man you guys.
    they should send you back to India with the red ration card.





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  • andy garcia
    09-17 02:56 PM
    You have company Andy. How old are you?

    55



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  • xstal
    01-21 01:24 AM
    I know this is a little late, but based on the ridiculous snail speed of the VB, this is the first time I scrutinized my I-485 receipt and the USCIS online case check.


    I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.

    I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday

    On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.

    BUT when I go online to check my case status through the USCIS website, it says

    On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Do i need to be concern?

    I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!

    Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)

    Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.

    thank you everyone!





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  • ImmInd
    12-01 12:38 PM
    Yes! I have my H1-B Case Filing Receipt Notice with EAC number.

    I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!

    Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!



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  • BharatPremi
    11-21 09:31 PM
    Happy thanksgiving to employers and lawyers.

    Happy thanksgiving to ALIPAC, NumbersUSA, Fairus, Zazona, ProgrammersGuild.

    Happy thanksgiving to Ron Hira

    Happy thanksgiving to Lou Dobbs

    I second that.





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  • smssharma25
    12-05 10:44 PM
    Thanks!.. My job title in labor is "Computer and Information Systems Managers" & SOC code is "11-3021.00". The offer I have is for technical lead with around 40% hike. Will technical lead be considered as "Computer and Information Systems Managers"?. Future employer is a big co & I don't think they will be ready to adjust the job profile. Can I hear from anyone who had their labor filed for solution architect or technical lead role(soc code & job description)?

    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...



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  • dish
    03-23 11:46 AM
    Is the talent bill already introduced in the senate ?



    TALENT Bill
    A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
    H-1B and Nonimmigrant Visa System:
    � Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
    � Restores H-1B1 visa numbers to the overall cap. (�201)
    � Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
    � Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
    � Eliminates 214(b) for certain non-immigrants. (�203)
    � Extends foreign students� post curricular OPT to 24 months. (�203)
    Employment-based Immigrant Visa System:
    � Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
    � Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
    � Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
    (OR in the alternative)
    � Exempts USEK workers with advanced degrees from the EB cap. (�102)
    � Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
    (AND)
    � Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
    � Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
    � Exempts EB immigrant spouses and children from the cap. (�202)
    Additional �Band-Aids�:
    � Requires a pre-certification processing system for petitions. (�301)
    � Enforces AC21 30 day and six-month processing times. (�301)
    � Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
    � Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
    � Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)





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  • shirish
    12-19 10:34 AM
    Core team can send emails to members with date and time and phone number they should call on. That way it can be organized as well.



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  • Dhundhun
    08-06 06:43 PM
    Updated for today (08/06/2008).





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  • WillIBLucky
    06-14 11:22 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?



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  • mariner5555
    04-04 01:57 PM
    I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
    Rgrant, coolguy ..Thank you v.much !!





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  • GCapplicant
    06-30 01:14 PM
    Thanks pappu...



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  • milind70
    07-26 12:44 PM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.

    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.





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  • ramboom1
    03-28 07:55 AM
    I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
    Virtual,

    That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.

    best,
    Berkeleybee





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  • permfiling
    10-20 11:56 PM
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.


    I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.





    neoneo
    10-29 06:13 PM
    Here's a good chance to attach the legal immigration amendment. This is all for legality of employment. Any clue on activity on this front ?





    amitjoey
    07-19 02:19 PM
    Hi All,
    Is there a way to get an English translation of my birth ceritificate in the US? I have the original with me and to send it to India and get it done seems like a pretty big deal.

    Can anyone please advise? Requesting transalation from Marathi to English...

    Thanks,
    YT

    Use this one, I USED IT!!. Really good. USCIS Format.
    http://www.online-languagetranslators.com/marathi.htm



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