Friday, June 10, 2011

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  • Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.




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  • saint_2010
    06-25 12:42 PM
    Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?




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  • truthinspector
    02-12 06:16 PM
    No !

    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC


    Thanks




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  • GCNirvana007
    10-08 04:50 PM
    Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.

    Yeah question is what defines employment with them?



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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.




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  • ebizash
    09-30 12:00 PM
    Ken,

    The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.

    Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.

    Hope this helps!



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  • breddy2000
    12-16 12:22 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    It quiet common that each office follows different rules.

    No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.




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  • Jerrome
    05-21 12:42 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?

    No you have to send AC21 with new EVL.



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  • krishna_brc
    10-27 01:13 PM
    Thank you.

    If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
    Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

    Thanks a lot for your kind help.

    Our's was fresh application and paid full fee.




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  • looivy
    02-25 07:40 AM
    Hi:
    Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.

    No.

    Can a legal expert provide advice as to whether I can use EAD/AP to get in?



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  • Phaedra
    05-30 11:54 AM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P




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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris



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  • srgadi
    07-21 01:23 AM
    Wont' redirection of US Mail work to forward these?

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.




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  • coolest_me
    05-08 12:34 AM
    I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

    We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.

    Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

    With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.


    Please suggest how we can handle the Medical RFE ?



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  • GetGC08
    07-30 06:29 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.




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  • yabadaba
    06-18 12:29 PM
    right.. thats what i thought.. thanks for your opinion.....at least that means i was thinking along the same lines. i ll doubl check with my attorney.

    thx again



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  • jediknight
    03-26 01:57 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK




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  • LostInGCProcess
    11-10 05:05 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response

    You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.




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  • immi2006
    10-21 11:40 PM
    I do not think so, even though you have two application , there will be only 1 A# for each applicant.

    We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

    We did not apply for EAD and AP, through my wife. I applied from my side for both of us.



    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,




    AB1275
    12-17 11:00 PM
    I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
    Now answers to ur quiries
    1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
    2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
    I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
    Wish u luck

    Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.




    gc_kaavaali
    07-16 05:03 PM
    i don't see july processing times...it still shows june times.



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