Wednesday, June 15, 2011

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  • p_kumar
    11-30 12:22 PM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K

    I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D





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  • bang
    01-09 06:43 AM
    My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.

    So i dont think there's any new rule.

    if you have a valid I94 then it should not cause any issue
    Sreedhar where did you apply for SSN ? ie which city ?





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  • willwin
    07-09 08:24 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!





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  • qualified_trash
    11-14 02:35 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    I am sorry to hear of your plight. As a public service message, could you post the lawyer's name here..........

    Also if you have time on your H1 - 6 mos and more, you should start the process to file for a LC using PERM. You will not have your October 2003 PD. However, you can definitely continue to live and work here.............



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  • eyeswe
    09-04 02:25 PM
    While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
    Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
    You need the PD date to apply to this step 1.

    Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
    And then ..
    Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...

    If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
    They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...

    Just prophesizing....for 2010





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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?



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  • kittu1991
    11-16 01:37 PM
    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.

    Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

    Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.





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  • Happyday
    08-06 01:47 PM
    Bang on



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  • krishmunn
    04-07 02:18 PM
    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.





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  • anai
    06-04 10:36 AM
    Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.

    As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?

    (Couldn't resist. Just trying to find something humorous in our common misery.)



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  • gc_coming
    07-18 07:04 PM
    This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
    Only in the rare event that you have an interview at the time of
    adjudication of your I-485, then you must bring a recently dated letter
    stating such only for the purpose to reaffirm what they have already
    approved on the I-140. Interviews for Employment based cases are issued
    randomly. There is no reason to worry about this." Is it correct ?





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  • pal351
    11-21 04:49 PM
    Hi Friends,
    You may answered this so many times but I missed.. Please some tell me, How much is the Fee for AP Renewal? and Required Docs for the Papaer Filing.

    I filed my I 485 on July 24th 2007


    Thanks,
    -Pal.



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  • jonty_11
    07-16 07:09 PM
    It would help if you guys provide ur PDs to get an idea what PD folks are getting CP interview calls?





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  • eb3retro
    09-09 05:23 PM
    can you show me a single post in IV that states that they have travelled after applying for AP, and come back with an AP. May be I missed it.

    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.



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  • EkAurAaya
    05-11 08:23 AM
    The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.

    Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.

    No ones looking to shut off family immigration, it will never ever happen, they are only discussing "preferences" and for the most part its a no brainer that the qualified folks should get preference for the betterment of this country and to compete globally (if you view it from an american's point of view).
    I don't know all the pros and cons but I don't see anything wrong in it.





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  • wandmaker
    10-13 02:40 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140

    I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

    Please restart your Labor again, ASAP.

    Correct



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  • subahjaani
    08-15 11:46 AM
    Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.

    My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    Any, suggestions.





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  • prioritydate
    07-28 12:43 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U

    It doesn't make sense to push back again to Jan 2003 for EB2. It's been there for over an year and all of them who had that priority date would have applied and gotten their GC.





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  • Humhongekamyab
    01-29 10:23 AM
    this rumour sounds like its straight out of timesofindia :p;)

    :d





    michael_trs
    05-14 04:48 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?





    lostinbeta
    10-03 01:33 PM
    Well then for all you know, your equation could equal less than mine :evil:



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