Sunday, June 12, 2011

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  • shivarajan
    08-14 08:14 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485





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  • sundarpn
    04-30 07:05 PM
    You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.

    Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?

    Can the primay file this himself with just his 485 receipts.





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  • mhtanim
    03-03 03:26 PM
    Well.. either way they are making things more opaque.





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  • gondalguru
    09-29 11:58 AM
    Its kinda confusing and really not that big or sensational.

    Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.

    I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).



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  • larmani
    08-14 12:30 AM
    Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.

    My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.





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  • WaitingForMyGC
    01-11 02:38 PM
    What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.



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  • LostInGCProcess
    03-16 02:46 PM
    You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.

    Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.





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  • nikh
    11-30 12:24 PM
    As per the document:

    total EB2 visa available: 40040
    Grand total of EB2 pending: 33850

    So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.

    Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.

    Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.



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  • rbalaji5
    02-20 05:25 PM
    rbalaji,

    If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

    Looks like they have begun processing applications filed in July 07.

    NSC - PD MAY 29 2007.
    I-140 APPLIED ON JULY 06TH 2007
    I-485 APPLIED ON JULY 27 2007.
    I-140 APPROVED ON JAN 15TH 2008





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  • Administrator2
    05-08 04:59 PM
    Juliana Barbassa from Associated Press reporter is writing a story about legal immigrants with ITIN holders being denied economic stimulus checks. Please contact Ms. Barbassa to speak-up about this extremely important issue. Here is a message from her requesting members of Immigration Voice to contact her for in interview.

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

    Hi --

    I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.

    I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.

    I can be reached at this email address: immigrationreporter@hotmail.com

    Thanks much for your help,

    Juliana Barbassa

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



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  • Blog Feeds
    08-08 09:30 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




    More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)





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  • saurav_4096
    10-15 10:38 AM
    I think you there should not be problem as you have new job offer...

    One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.

    Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?

    Good Luck...



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  • Ramba
    03-28 01:44 PM
    if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??


    all this calculation are possible, only if per country quota is eliminated.





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  • kshitijnt
    12-02 06:29 PM
    When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).

    When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).

    BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.

    my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.

    ps : if this helps u, give me green ... :D

    Thx

    The H1 and H4 extensions can be filed at the same time.



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  • sanjeev_2004
    05-26 03:21 PM
    Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.

    It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
    If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.


    thanks.





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  • krishmunn
    11-30 02:32 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
    The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.



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  • maximus777
    10-27 04:18 PM
    Last week I had the unfortunate experience of being "let go". This is my current situation:

    EB-2 India PD July 2008
    I-140 approved in April 2009
    Currently on 7th year of my H1-B which is valid till May 2013.

    Now the question I have is, if I were to transfer my H1-B visa to some other company (non consulting fulltime role), will I get an additional 3 years extension, i.e., till Oct 2013 or will it be only till May 2013?

    Greatly appreciate any thoughts here. Thanks!





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  • wam4wam
    09-18 02:20 PM
    http://yahoo.reuters.com/news/articlehybrid.aspx?storyID=urn:newsml:reuters.com: 20060918:MTFH27357_2006-09-18_15-18-53_N18207230&type=comktNews&rpc=44





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  • john2255
    07-21 08:32 AM
    What you should do immediately.

    If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.

    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]

    If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.

    If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Grouped by Home State

    Alabama: (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea





    spicy_guy
    11-05 03:06 PM
    I agree. There are circumstances this modern life brings us, which cannot be avoided by unlucky souls.





    crystal
    08-25 06:39 PM
    If u want to, you can apply for H1 extension as ur labor is more than year old. You will get one year h1-b extension, as ur I-140 is not approved yet. With approved I-140 u would get 3 year extension



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