Friday, June 10, 2011

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  • immigrant2007
    08-05 01:37 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    --Is it a DREAM?




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  • bheemi
    07-27 12:20 PM
    [QUOTE=desi485]I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?[/QUOTE

    Donot even worry about it man..You are unnecessarily owrried about it and worry others also..

    Enjoy...




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  • raysaikat
    03-28 11:01 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr

    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.




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  • mangelschots
    07-16 01:33 AM
    Is yours EB2?


    EB3 ROW
    PD March 2004
    I-140 filed Dec 2006
    I-485 filed June 25 07


    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
    Will have to wait another 2 weeks to know the facts.

    What happens on these dates (Jul 18 for Nebraska) ?



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  • gsc999
    04-20 12:58 PM
    oh my sad soul do not live where there's no peace.[/B]
    ---
    Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!

    Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.

    Please Stop singing the blues and START Ringing(calling) the congress reps.




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  • vnsriv
    10-08 04:09 PM
    We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?

    I-485 receipts from NSC.

    Most of my friends LUD is updated within 2 days of giving finger prints.

    Please post your experiences.

    Be patient. That's OK. One more thing, do you have a login on USCIS site and a portofolio of your cases. If you login and see your portofilio, you may see a LUD on I-485. But when you expand the message, there won't be any update.



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  • NKR
    06-13 10:48 AM
    It has not passed April 04 since Sept 05 (when it was current) and during July Fiasco.


    I was just a couple of months away when PD reached APR 04, it remained there for sometime, got retrogressed and now it is again back to square one at the same date. Wonder what the bottleneck on APR 04 is�.




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  • raysaikat
    07-28 08:12 PM
    --



    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



    You missed the point.

    1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.

    2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.

    In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".



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  • bo12b
    11-24 02:00 PM
    Anyone??
    bo12b

    Hello all,

    My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.

    But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
    OR
    Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??

    I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.

    Thanks
    Bo12b




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  • rajenk
    09-21 10:43 AM
    Raj

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?

    Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.

    I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.



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  • Libra
    08-09 10:44 PM
    there you go you said that but in a new thread again.........




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  • The7zen
    01-09 05:18 PM
    I went out of the country for 7 weeks on vacation and just came back on new years eve, Port of entry: Chicago, the IO (real gentleman) needed only the passport and the AP, did the usual verifications and gave the new I-94, max 10mins.
    Note: I also had all the supporting documents which Vin13 mentioned. Thou the IO didnt ask for these documents, its good to have them handy, avoids lots of trouble on both ends.

    Have a safe trip.

    -7zen



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  • sweet_jungle
    12-04 04:56 PM
    Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks

    I fail to see why these cases you are referring to are any worse off than many others.

    I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

    I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

    We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.




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  • usgc07
    02-17 11:01 PM
    Hi,
    I have a question.

    An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.

    Gurus , please advise.

    Thanks
    USGC07



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  • kprgroup
    12-29 09:31 AM
    Is anyone know,can we withdraw H1-P application when RFE received?




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  • arc
    10-04 04:29 PM
    As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
    There would be lot of people in these three categories.
    Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.

    I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...



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  • prom2
    11-09 10:42 AM
    What is your PD?

    Good luck




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  • martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.




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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.




    pitha
    10-01 04:20 PM
    Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.

    I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.

    EB3 India - well, can hibernate for the next 3-4 years.




    tiredofh1bfraud
    10-20 09:41 PM
    does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?



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