Wednesday, June 29, 2011

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  • echinacea
    03-11 12:23 PM
    My I-140 was filed via regular processing then later shifted to premium processing in Aug 2006, approved in Oct 2006 Nebraska Center and was received at the NVC in December 2006 and given an NVC Case number.

    I know someone who has a priority date of june 2006 and I-140 approved last january 2007. The document is not yet received by the NVC.

    Which one will the NVC process first? My papers that was received by the NVC first. Or will it still follow the priority date?

    Thank you. Hoping and praying that this retrogression be lifted the soonest time possible.




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  • mnq1979
    08-31 12:58 PM
    is there any one who got the interview notice, even after replying to RFE.
    My RFE was to prove my legal status and my wife was to provide the BC.




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  • hmehta
    01-15 04:13 PM
    I think at this pace, it should be for the grandchild!!!!!!

    Is there a provision to port my PD to my child (not born here) plans to come back here sometime in future!!


    (FUN Intended)




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  • joshibuwa
    08-06 10:08 PM
    I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??



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  • roseball
    03-31 11:28 PM
    Hello!

    My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.

    Any inputs are apprciated. Thanks!

    If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.




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  • wwwwww
    03-28 02:46 PM
    Bush said he wants to improve the working visas, I think the prority needs to offer to Canadians because Canadinas use the same language and education system, the distance is closer. We need to call all the senetors, the working visas.etc. need to go to Canadina citizens first.



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  • logiclife
    07-30 12:08 PM
    You may want to check out the recording of the call posted on the lawyer telecon thread.

    One of the last questions is about concurrent H1 and L1.

    http://immigrationvoice.org/forum/showthread.php?t=1267




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  • franklin
    04-15 09:19 PM
    Just to be clear - where were you born? India or Britain? You can be a British citizen, but if you were not born there, you are counted under the chargeable area of India, not ROW.

    There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.

    FWIW - you need to maintain status in the US to retain your greencard.



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  • wandmaker
    06-23 10:09 AM
    You will say 'YES' for yourself and 'NO' for your dependents. Immigration petition is nothing but I-140, if any of your family members have filed I-140 then answer would be 'YES'




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  • amitps
    10-14 10:35 PM
    You should get your EAD after FP



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  • gc_chahiye
    09-27 05:02 PM
    Hi,
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.
    Thanks

    Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

    If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)




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  • freddyCR
    January 3rd, 2005, 04:22 PM
    Since we're playing with Freddy's photo and my other option is work, I did some basic processing to bring out what's already there.
    GaryGlad you like the picture as an experimental material.....It only took me a couple of hours in PS to make it like that !!:D

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  • SlowRoasted
    05-22 10:10 PM
    yeah the duck hunt rocks




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  • godbless
    01-14 12:31 PM
    Any advise guys???



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  • shan74
    12-10 01:51 PM
    Did anyone applied for I-140 in September 2006 and still waiting for approval.




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  • cantonsale10@gmail.com
    02-14 07:20 PM
    Hi Friends,

    I work for Company A from the year 2003 on H1-B Visa and here is my details

    Priority Date : Aug 2004 (EB3-I)
    I-140 Approved date : Jan 2007
    I-485 Filed date : July 2007
    Currently using : H1-B (8 th year running)
    EAD & AP : I have both EAD & AP but not using it at this stage.


    Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.

    Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?

    I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.

    I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.

    Have any of you moved like this and got GC ? Will there be any issues ?

    Please advise.



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  • kv_ajay
    10-19 12:06 PM
    Thanks for the quick reply!




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  • Lisap
    08-28 12:48 PM
    Just a question.......... I just got my receipts for my 485. When I checked the receipt number on uscis it says that an approval notice for the ead was sent out 2 days ago. Any idea how long it takes to actually get the card??




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  • babu123
    04-27 03:04 PM
    Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.

    Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.




    Ann Ruben
    06-30 07:29 PM
    An H-1 would give you more flexibilty to change employers once you are here. However, the earliest that you could begin work here in H-1 status would be Oct. 1st of this year. With an L-1, you could presumably come right away. If an L-1A is possible, that could pave the way for a significantly easier and faster route to a green card.

    Also, it is possible that in the not too distant future Congress could pass legislation to allow same sex spouses to confer derivative immigration benefits on each other. Check out the website: www.immigration equality.org




    Blog Feeds
    01-31 08:40 AM
    Slightly sooner than expected but the H1B cap was reached today. U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

    The final receipt date is the date on which USCIS determines that it has received enough cap- subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

    Those who missed the filing this week, should get ready to file on April 1, 2011 for the FY 2012 term, we feel that visas will run out fast this coming April.




    More... (http://www.visalawyerblog.com/2011/01/h1b_cap_reached_fiscal_year_20.html)



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