Friday, June 10, 2011

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  • eb3_nepa
    12-05 04:19 PM
    BharatPremi,

    No offense, but why have you opened 2 threads with very similar information and questions?

    Your other thread about soft lud updates (http://immigrationvoice.org/forum/showthread.php?t=15916) is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.

    After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.





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  • uslegals
    11-12 08:59 AM
    thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.

    Enjoy the weekend!





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  • bbct
    04-16 09:59 AM
    FYI, the response from my attorney firm -

    Question -
    1) Can we request for an extension of time - if in case the time allocated to respond is 30 days or less?

    Response -
    1) A request can not be made for an extension on any RFE response times.





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  • sreekanth
    10-02 07:01 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    I had a chance to read your article about the issues
    faced due to the H1B caps and the Greencard
    Retrogression.("Time Is Running Out For H-1B Visa Cap
    To Be Raised--Or Is It?"-Information
    Week,Dt:06-Sep-06)

    Thanks much for your insight about the SKILL bill.

    It would be of great help if you could write more
    Articles about the retrogression issues. Thousands of
    unfortunate skilled workers like me have been caught
    in the 'Retrogression' black hole and there is no
    relief is visible in any near future.I have been
    waiting for more than 5 years for my green card in
    vain. We are in a state of limbo and are almost
    similar to bonded laborers since our professional
    mobility is very much limited.

    People talk so much about the CIR and Illegal aliens
    but very few people even know about the plight of the
    LEGAL SKILLED workers.The retrogression has not only
    affected my immediate future but it has also
    negatively impacted the future of family/kids as well.


    Our final hope is residing on the SKILL Bill and we
    pray that it will be some how be passed in the
    lame-duck session as you mentioned in your article.
    Hundreds of Skilled workers like me have given up hope
    already and are returning to their countries or are
    looking for opportunities in other countries like
    Canada etc. This also is having a significant negative
    impact on US economy.

    Just to give an example: Atleast 100,000 Skilled
    workers are holding off the decision to buy a house
    since they are not sure about their future here in US.
    This amounts approximately to $30,000,000,000 (100000
    X $300,000) inflow of money that could give a big
    boost to the declining US Housing market.

    It is sad to see that so many experienced LEGAL people
    leaving this country due to immigration caps.

    I kindly request you to publish a cover story on this
    serious issue before the lame-duck session. I am sure
    your words will have a big impact on the CEO's and
    CIO's who in turn can lobby among the senators for our
    cause.

    Thanks again for your help so far.
    Regards,
    Sreekanth



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  • indyanguy
    06-30 09:33 AM
    I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.

    According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.

    I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.





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  • capriol
    05-15 04:15 PM
    I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    Dear Shidsar:
    this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.



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  • cvk90
    07-05 02:01 PM
    they told me that there would not be a 10% penalty but I cannot roll over either. My basic question is that whether IRS controls the benefits offered by private organization based on visa status ? This does not make sense.

    Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
    Could someone comment on the legality of this whole argument ? Thanks a lot.





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  • gcnirvana
    06-22 01:04 PM
    Hi,
    I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.

    Go ahead and enjoy your vacation.

    Thanks!



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  • jigsaw
    02-19 08:30 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance





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  • greenguru
    02-14 09:46 PM
    You might want to get a I-94 till : 4/30/2010.

    Just ensure that when you are entering US you get a new I94..



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  • up_guy
    08-22 09:31 AM
    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..





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  • jcrajput
    12-31 10:28 AM
    Thank you.



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  • eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501





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  • tinuverma
    03-20 09:34 AM
    no idea..I am yet to transfer my license to OK. one bad experience that I had lately..I walked into IRS office to check on ITIN/SSN issue and I was not allowed to go inside. They said if I lived in OK I need to have an OK ID. No other state ID would be accepted. This is if you have moved here for more than 30 days.



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  • diptam
    08-03 11:33 PM
    LIN0722454546 was the Last one for 224 th working day from Oct 1st 2006

    Great formula

    There you go...)





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  • Steve Mitchell
    November 21st, 2005, 06:09 PM
    The shots can be sharpened much better which would make all of them even more appealing.



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  • reddysms
    06-24 09:41 AM
    I even have exactly the same message. I am hoping that the status might change as delivered today or tomorrow.





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  • StuckInTheMuck
    05-04 05:26 PM
    Thanks.





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  • sweet_jungle
    10-13 02:28 AM
    I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
    My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
    Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
    Anybody with similar experience?
    How do I get this corrected?
    My category is EB2 India.





    desi3933
    02-23 11:13 AM
    ....
    ....
    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
    ....


    Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





    inskrish
    04-11 10:51 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

    Hello,

    I am 99.99 % confident that the soft LUD has nothing to do with your job loss. Had USCIS been that efficient to update our cases with in a couple of days of change request, we wouldn't have this messy immigration system. Lately, USCIS has been working aggresively to reduce the backlog of pending 485 applications applied during the July.2007 fiasco, by processing those applications. The "processing" means validating the application and the documentary evidences. If everything is fine with the application and the applicant's PD is also current, USCIS approves the I-485. If the PD is not current, USCIS preadjudicates the application and the application is kept pending until the PD becomes current. This triggers a soft update in LUD in I-485; besides, there are also several other scenarios that might trigger soft LUD in I-485.

    Regards,
    InsKrish



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