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  • northstar1
    07-26 12:30 PM
    I don't think that's an option. The company has strict rules of using it's corporate attorney's through out the green card process. Hence the dilemna.





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  • Fightwithfate
    03-13 09:46 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me





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  • sledge_hammer
    02-26 02:19 PM
    chitra and prashanti1j,

    Both of you have joined this forum very recently. So exercise some patience!

    PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?

    prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!

    Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.

    There is no question like a dumb question. You definitely are dumb for questioning her.

    Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.





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  • h1techSlave
    10-04 12:42 PM
    I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??

    Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.



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  • gimme_GC2006
    08-10 09:01 AM
    It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.

    So, if you do not get greened by end of this month, raise another SR request or take an Infopass.

    Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?

    Just trying to understand, if it is a fact or gut feel





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  • coopheal
    12-22 01:25 AM
    Thanks for your reply. The lawyer did suggest that we could go for EB2 but I did n't know if it would be good idea. The reason I ask is when I look at the visa bulleting EB2 priority dates have retrogressed rather badly when compared to EB3 priority dates. I have been hearing rumors that EB3 might move faster than EB2. I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?

    If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.



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  • lostinbeta
    10-21 03:57 AM
    You have quite the interesting life rev.





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  • thesparky007
    04-26 07:38 PM
    ok



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  • veni001
    06-17 03:45 PM
    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.



    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...





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  • gcseeker2002
    03-05 05:52 PM
    If this happens, there will be some other type of insurance for the bank accounts that will be set up at that time, btw , if your money is in any of the sensitive banks it is better to move it out to more stable banks.



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  • gc_on_demand
    12-09 11:04 AM
    Is there any hope for us...

    If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )

    so to me either dream act will pass as alone or will not.. depends on cloture vote.





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  • yogi13
    07-19 02:19 PM
    Would there be delay in issuing EAD for my spouse if there is RFE for I-485 application? Is EAD depends on I-485 approval.? My birth certificate have some mistake in father's name. It will take time as we need to do change in original birth record. So I am submitting affidavit right now.
    Is this thing will delay EAD?

    Thanks



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  • gc_on_demand
    05-19 02:45 PM
    Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    bump





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  • invincibleasian
    02-06 11:15 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you

    First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.



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  • goel_ar
    12-21 10:50 AM
    Do not ask us to send junk emails or sign some useless online petition though in your action item.

    lol - never.
    Just use available tools to educate people using simple terms. Using 6-degree rule we should be able to reach lots of people.
    -- My first idea is to use facebook to run a campaign - prepare a literature - 8-10 point about EB based immigration & everyone post on their facebook page ..with an easy click (if they support) for readers to post on their walls : posting on wall == supporing it. then see how many people support us .. idea is to reach the masses....

    thats it the initial plan...





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  • waitin_toolong
    08-14 06:17 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez

    It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.



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  • GC_1000Watt
    08-05 04:09 PM
    Hi,

    The hotel I stayed was Shalimar, bit expensive about Rs 7000 a day. The hotel is really good with complimentary breakfast buffet. The consulate is walkable distance from the hotel. VFS also offers some facilities, please check with them.

    I did not have to pay addition fee because the new fee came in to effect later. I paid the equivalent of $131 for each applicant!

    Cheers
    Raj

    You mean to say you paid $150 for each applicant. Right? Or you were done with stamping before June 4th itself?
    The new fee for H1B (effective June 4th,2010) is $150.





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  • GCD
    08-04 08:13 PM
    I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

    Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

    In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

    Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?

    You are totally fine. According to the I-485 standard operating procedure, page 10, the following are the instructions for the mailroom person :

    "Verify the G-28 for original signature of attorney and applicant. If
    only one copy has been submitted and you have concurrently filed
    applications, photocopy the G-28 for each application and initial
    the copies with your employee number. Annotate the processing
    worksheet".





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  • PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.





    svn
    05-10 05:02 PM
    So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.

    That would have been my preference as well - unfortunately I did not have a choice since my company had a RIF and I am now looking for work! Any help on what the status is called (other than jobless!) would be appreciated





    lskreddy
    07-02 03:59 PM
    I am not sure about whether you could sue or not but USCIS's processing order is wreaking havoc, and if there was any way to bring the buggers to task, that would be great.

    For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.

    Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.

    As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...



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