Saturday, June 11, 2011

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  • fres42
    01-27 10:57 AM
    I applied for my H1B extension on Aug 23rd(Vermont). It says they are currently processing Oct 01, but my case is still pending..... Anyone in the same boat?

    Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.




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  • solaris27
    10-15 01:46 PM
    No you can't




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  • simple1
    05-12 12:41 PM
    Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


    Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

    Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

    I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
    Please comment only in the member and donor threads and Let us keep this for Attorney only.




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  • snathan
    05-29 09:17 PM
    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.

    I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.



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  • krustycat
    09-28 10:32 PM
    My 485/EAD applications were mailed on July 5th. and received on July 9th. by F HEINAUER at NSC.
    I have not received a single notice and checks were not cashed.
    I called customer service today and the they told me to wait 90 days.... :eek:business days!!!




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  • nviren
    10-26 04:05 PM
    I did not see lot of approvals coming out from Nebraska this week.

    Wondering why they are so silent?

    Have they changed their focus?

    Any ideas?



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  • waitingnwaiting
    01-21 08:00 AM
    I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.

    but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.

    Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.




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  • adhantari
    07-29 03:34 PM
    ?????????



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  • apb
    09-05 02:27 PM
    This should go to top of queue. BUMPING




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  • EternityInLimbo
    05-02 09:55 PM
    Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

    Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??

    Absolutely it's a policy decision: not only in terms of prioritization of activities but in terms of resource allocation. DOL insists they have enough resources to meet their goals. They have to report how well they're doing on their annual federal scorecard, and if they set their objectives low enough, they get an "A"... that is, if activities serving non-voters were even being tracked as one of their objectives.

    One of the clerks at my immigrations law firm said the word was, DOL was prioritizing getting cases into the Permanent Backlog System, as opposed to allocating staff/resources into completing reviews. Don't know if this is old news posted elsewhere or consistent with what others have heard, but if this is the case, it would explain why approvals have been few and far between.



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  • crazydesi
    09-03 07:36 PM
    AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)

    This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.

    If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
    ------------------------------------------

    http://aila.org/RecentPosting/RecentPostingList.aspx




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  • helterskelter
    06-23 08:33 AM
    Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)



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  • smartboy75
    12-04 06:41 PM
    Hi Folks

    As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.

    Following are the guidelines for maintaining Permanent residency on the USCIS website:

    Maintaining Permanent Residence
    Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

    You may be found to have abandoned your permanent resident status if you:



    Move to another country intending to live there permanently.
    Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Fail to file income tax returns while living outside of the US for any period.
    Declare yourself a �nonimmigrant� on your tax returns.


    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
    The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??

    Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??

    PS: Please no educated guesses ...

    Appreciate your help.




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  • a_yaja
    07-18 11:02 AM
    what is your country of birth? I know dates never went current to sep'08 for india...

    His priority date was May 2004 - not Sept. 2008. He kept his original priority date.



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  • BadDeal
    05-20 05:02 PM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.


    Hello,

    I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

    Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

    Thanks!




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  • krishmunn
    01-04 11:18 AM
    . H4 dependents under certain circumstances are eligible for instate tuition.

    Only in some state. Most states do not allow in-state tuition to H1/H4/L1/L2 holders.



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  • izolo
    06-04 02:21 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.




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  • harrydr
    07-12 02:32 AM
    Situation:

    Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.

    Want to work with company B part time,but need to file another H1-B part time.

    My question is:

    Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.




    Alabaman
    09-18 11:23 AM
    ...People who go to IV will be redirected to LIV...

    I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.

    I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?




    munnu77
    04-16 01:53 PM
    Both of us work in the energy (electricity) industry.

    then..wont be a problm..make sure u get a good deal before u move..



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