пятница, 10 июня 2011 г.

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  • common1
    01-25 06:47 PM
    dummgelauft:

    I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...

    Hope that they show the same efficiency to clear thousands of pending applications :mad:




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  • indyanguy
    08-08 06:55 PM
    Does this logic hold good for i-140 processing as well? My 140 went through the NSC-CSC-NSC route and I really hope it's processed based on NSC timelines!!

    Edit: Wait a minute, 140 times are not even listed in CSC processing times (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC)




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  • piyu7444
    09-01 06:52 PM
    Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?

    I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office

    I guess applications pending at local office are unlucky guys :-(

    Anil

    I respectfully disagree with the statement that people who get interviewed are unlucky.

    If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.

    In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)

    Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........

    If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.




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  • help_please
    10-05 11:01 AM
    I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

    http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us



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  • meet
    08-17 11:14 PM
    I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

    So my queries are :
    - will I get H1 again under COS?
    - If yes, how much time will it take to get H1 again?
    - Does this process will be like a new H1?
    - how much will it cost to my employer with attorney fees?

    Thank you.

    Meet




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  • philly2004
    06-12 01:30 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?



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  • alien2006
    08-08 08:21 AM
    Location: MA
    Job: Software Engineer-Developer

    Thanks for the reply.




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  • Leo
    07-16 12:36 PM
    This means that an officer is looking on your file and probably take a decision on it. Whats ur priority date?



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  • randomdude
    04-21 09:31 AM
    From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...




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  • martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.



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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same




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  • shreekhand
    07-25 05:23 PM
    He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!


    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.



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  • missourian
    06-25 11:11 AM
    My case my company pays $325 for both(me and spouse)

    $70 * 2 (Finger Print)
    $170* 2
    $180 * 2

    I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though




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  • lucha
    08-26 07:57 PM
    I have same question. can you do that without moving up ,My lawyer said no, I do not know how to go forward with this. My 2nd question is: My NIW was denied with some conditions , can I file again as I have completed those requirement.

    I have master from here and 20 years of experience . please any body help.



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  • rally
    07-12 12:42 PM
    how can he say Hail for Natives (he isnt one) Natives are RED INDIANS and not these people.


    Its NATIVE INDIAN AMERICANS not 'RED INDIANS'. The term you used is considered derogatory by many.




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  • BeCoolGuy
    04-16 04:29 PM
    Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!



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  • ivamember
    01-25 04:55 PM
    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.




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  • indianindian2006
    08-28 03:19 PM
    Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.

    Venkat,

    Did you not post some days back that you were approved for 485.What is your PD and what service center.




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  • GC Struggle
    03-13 04:05 PM
    Can you tell me if all the 140's have been applied and approved from the same service center.

    The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.

    To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...




    maddunr
    10-19 11:57 AM
    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,
    V




    shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!



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