Tuesday, June 14, 2011

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  • a2006
    11-29 12:05 AM
    Some Qatar air flight transit through London. In that case you will need a transit visa.


    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.




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  • panini
    03-15 01:24 PM
    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!




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  • imm_pro
    11-16 11:20 PM
    my company went thru a round of layoffs and the lawyer made me wait for 6 months before filing for labor at that time....but the ad process was in progress during this time..




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  • Rockford
    08-31 10:20 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?

    If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:


    The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
    �MurthyDotCom
    The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.



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  • pitha
    01-15 05:43 PM
    not to be cynical but what sort of "change" is on the way with CIR, if you are "illegal" sure some good change is on the way, but if you are a legal eb immigrant not sure what is in store for us, it is not necessary to be good with points based nonsense etc.

    For sure visa recapture independent of CIR is the best possible outcome.

    Anyway lets call lofgren and ask for visa recapture. I have already called and asked, please all of you do the same. It will give her confidence that there is support for it if all of us call.


    Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)




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  • mali03
    05-25 08:13 AM
    Called Larry Craig's office!



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  • eb3stuck
    05-08 01:52 AM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
    No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:




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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.



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  • joshraj
    10-09 10:17 PM
    At least got something today :)

    Filed: July 27
    Center: Neb
    RD: Not Yet - Got Tranfer Notice - To Texas
    FP: Not Yet
    EAD: Not Yet

    I140 - Pending at Nebraska




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  • HereIComeGC
    03-26 02:07 PM
    I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

    But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

    Even NASDAQ could be more predictive than this...

    I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!



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  • GCplease
    08-16 02:52 PM
    I guess we dont have a choice but to pay.

    Thank you all for your advise.

    One more thing, no form G-28 was given to me to sign. What does this mean?

    That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.




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  • sunny1000
    01-22 05:13 PM
    The below PDF link may be of assistance to you. You should contact the SEVP. Good luck.

    http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf

    Below section may be relevant:

    6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
    a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
    • Your school discontinues the classes/instruction for which you have contracted
    • You are unable to contact school officials
    • Your school officials will not assist you
    Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
    b. Provide SEVP the following information:
    • Family name
    • First name
    • SEVIS ID
    • Date of birth
    • Form I-94 number
    • Contact information, including mailing address, telephone number, and email
    • School name and address
    • Date you became aware of the problem
    • Description of the situation (a summary; 1-2 paragraphs)
    c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.



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  • stirfries
    01-29 10:10 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you

    Hey nrakkati !!!

    congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...

    Ofcourse there are alternatives when you get SCREWED that way...:)

    If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...

    Thanks,




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  • raysaikat
    05-24 04:01 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
    You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
    Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
    Yes.
    If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
    You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
    I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
    If the primary's GC application is active, then the dependent's EAD is still valid.
    Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!
    If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.



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  • dpsg
    03-28 05:48 PM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them




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  • mallu
    08-10 09:17 PM
    i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

    I think, similar to DOL backlog elimination centers, they will pull all the pending
    cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.



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  • pappusheth
    05-02 10:43 AM
    Thanks guys.. good to know that..




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  • Dandruff
    09-27 10:34 AM
    FWIW: Got EAD Card Production ordered for both of us. 9/26

    ND : 8/15
    RD : 7/18




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  • yagw
    11-02 01:48 PM
    There are no plans for extended vacation.

    I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .

    I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?

    There is no lifetime cap on H1B. Also, there is no limit on how many 3 year terms you can extend it after I-140 approval. What would happen is, after the initial 3 years, your PD might become current and that will make you in-eligible for 3 years ext. (and just one year).

    DISCLAIMER: I am not an Attorney and this is not a legal advice




    485Mbe4001
    05-17 06:31 PM
    question along the same lines, any idea how much it costs to get LC via perm?




    javadeveloper
    07-20 09:51 PM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?



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