Wednesday, June 8, 2011

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  • bluekayal
    10-31 11:33 AM
    Congratulations!!





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  • sc3
    08-28 02:46 PM
    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.

    Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.





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  • radhikac
    12-21 02:56 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika





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  • gconmymind
    08-18 04:25 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.

    If possible, get the H1 visa stamped while in India. She can then enter on H1.

    I think there should not be any issues either way...



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  • corleone
    11-02 10:42 AM
    See signature for details:





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  • surabhi
    05-21 09:54 AM
    from one of the attorneys. Not sure if anything changed in past 18 months.

    Attorney_13
    Attorney posted December 08, 2006 03:06 PM
    --------------------------------------------------------------------------------
    If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.


    Attorney_13
    Attorney posted December 20, 2006 05:00 AM
    --------------------------------------------------------------------------------
    What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.



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  • hopelessGC
    11-12 04:24 PM
    Updates are coming in fast.

    It turns out my wife is not yet elegible to get an ID card. She can get her license when I get my real copy of birth certificate and that will happen in about a week when it should come in by mail.

    The problem is that she can get some sort of temporary paperwork but the official drivers license will take up to another 6 weeks to get.

    Is there still no problem with traveling? I would guess not but again, as the story changes, helpful insight is very much welcome. Thanks!

    A valid passport will do just fine.





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  • sathweb
    02-04 01:02 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.

    My I-140 got approved after my local Senator called them.



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  • kaisersose
    07-28 09:52 AM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


    It depends on the type of H-1 approval you have.

    1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

    2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.





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  • singhsa3
    09-28 09:39 PM
    Our appointment was at 9:00 Am but due to NJ traffic we reached at 10:00 AM. We both were worried that we may be turned back but it turnout that they had given 9:00 AM appointment to everyone.

    As soon as you will go on the second floor you will be handed over a cardboard with an application to be filled by you. Fill that application and wait in a line to be called by a clerk for checking your ID and hands. The person will closely check your hand, most probably to make sure that they are good for FP.
    Once she is satisfied, you will be given a number and asked to be seated in a big hall. Your number will be called and the person will take FP for every fingers in your hand. You will also be photographed.
    The whole process took us an hour.
    Just one more thing, plenty of parking is available in front of the prudential building.

    Good Luck



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  • vaishnavilakshmi
    07-07 05:23 PM
    Hi all,

    There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??

    vaishu





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  • vimalm
    08-22 10:40 AM
    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.



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  • CRAZYMONK
    09-24 09:59 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...


    It should go to your attorney for whom you signed G-28.





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  • hibworker
    03-08 03:23 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

    Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.



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  • pbojja
    04-22 05:39 PM
    ND at TSC 09-14-2008

    is it suppose to be 09-14-2007 ?





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  • HereIComeGC
    04-11 11:03 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.



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  • inspectorfox
    08-04 10:45 PM
    Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!

    WOW... It's hard for me to believe this. I think it's all your good karma.
    I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.

    User: InspectorFox
    Labor Filing Date: 10 Oct 2005
    Service Center: Texas
    Processing Type: premium
    Category: EB3
    Filing Type: non-concurrent
    USCIS Receipt Date: 05 Oct 2006
    USCIS Notice Date: 28 Nov 2006 RFE: yes
    RFE Reply Date: 06 Feb 2007 I-140 Status: pending
    Nationality: India
    LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
    STRUCK BY SECURITY CHECK -





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  • noboundaries78
    10-09 06:55 PM
    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.

    I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.

    Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.





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  • Jaime
    02-03 04:56 PM
    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
    For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!

    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?





    perm2gc
    01-08 03:28 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,
    The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.





    nissan_1
    10-26 11:28 AM
    Now I am confused with the PD of labor...

    Here is the scenario -

    Labor - Approved
    PD - April 2007
    I140 Pending
    6th year H1B expiring on march 2008.

    Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?



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