Saturday, June 11, 2011

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  • lunar
    03-31 03:06 PM
    Never Mind. Congratulations !!!





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  • dixie
    09-05 05:47 PM
    Not sure what happens technically to the old CIR, but most likely both the senate and house will throw away their respective bills and start from scratch.

    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks





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  • jayleno
    12-12 12:56 PM
    If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
    I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • rkat
    12-13 08:15 PM
    Dyekek12 - my friend....We all are here only wishing the best for each other.! There has to be a reason why majority of folks who responded to to ur post in fact agree with what i had to say...This country is full of opportunity - no doubt about that.! But boy - one has to heavy, heavy price for that.!! A price that a lot of folks on this forum have to come to see - one that is not worth it.!. Yes - i am talking about the GC. Something that promises you all the freedom, flexibility, mobility that each one of is entiltled too.! But the road to get the GC is a road better not taken.! The only reason most of the folks here think alike - because we're already on this extremely bumpy road...invested time, $$, energy into all this.! And we all have been bought to a stage where we are standing outside the temple but are not allowed inside to seek blessings.! We don't know when we will be allowed inside..?? This is the anxiety that ends up eating u inside.!! Extremely uncomfortable, uneasy and anxiety filled scenario.!!
    Yeah dude...make a wise decision..No matter what! We can only advice.! Good luck!



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  • xu1
    08-08 09:58 PM
    I guess he is trying to lift the sunken spirits of the IV members. But I feel that if SKIL goes through, we will be fine. It all depends on SKIL

    Yep.. Cheer up however we can.

    note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.





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  • kumar1
    10-06 01:15 PM
    USCIS has always been unpredictable. Stupid USCIS approved Mohammed Atta's VISA extension after he shoved the whole airplane in World Trade Tower. So all of us know, what USCIS is capable of doing. I would go to an extent that you can even remain unemployed after 180 days of I-485. You do not even have the burden to be employed all the time.

    Once again....I am talking about what law says.


    USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
    U will be lucky if they dont!!!!

    With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...



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  • inskrish
    07-26 01:33 AM
    I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

    Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

    Don't worry. I have seen several similar cases before. Most probably, you will get your case approved in a couple of days. Congrats for getting the GC.





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  • eb3_nepa
    11-05 11:27 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks



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  • chandra140
    08-24 09:34 PM
    Hi,

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.





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  • GoGreen
    07-18 09:58 AM
    Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.

    Has anyone done that?
    Is it easy to do that?



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  • BPforGC
    05-12 04:29 PM
    Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.

    This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.

    God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.

    Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.





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  • Savi
    07-07 09:47 PM
    And here is the answer (unless I haven't digged back far enough!)

    http://immigrationvoice.org/forum/showthread.php?t=5990


    BTW, I am curious as to who first proposed this idea.



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  • learning01
    05-24 05:27 PM
    From Bllomberg Update on CIR in Senate:
    ................
    White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.

    Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.

    ``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.

    Majority

    Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.

    ``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.

    Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.

    LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com

    Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?





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  • rustamehind
    08-03 05:06 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.



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  • nandakumar
    01-18 12:59 PM
    Bump





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  • nrakkati
    08-15 12:05 PM
    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...



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  • pappu
    03-12 11:21 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    Congrats.
    Could you update your profile please to help others





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  • arpu31
    11-15 01:48 PM
    Thank you for your reply.

    Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
    If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

    Or can I go out of USA and get back on the same revious H4 stamping?

    Thanks,

    Arpu

    I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

    #3 : no, only show H1B approval from ur spouse.
    #4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
    #5 : I believe you are not out of status but you are violating H1 condition.

    But again, Please check with ur attorney since I am not an attorney.

    Sorry if my answers will scare you a bit.

    Regards,





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  • Nole2007
    10-02 03:45 PM
    I got the recipt notices in mail. When I check the status online i get "validation error" message. Dont understand why the system is not pulling my application details for 485, EAD and AP. Mine is NSC and recipt notice starts with LIN:mad:





    shahuja
    02-05 04:06 PM
    hello all,

    i will really really appreciate your posts..

    its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..

    But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??

    How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??

    -Shahuja





    zephyrr
    03-20 11:56 PM
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

    I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.


    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..



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