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  • OLDMONK
    07-09 09:02 PM
    So you are of the opinion that there is worse which can happen.

    To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)

    Some Keywords to ponder on / References.

    Rice, Condoleezza - A little Inconvenience for applicants
    Journalists - Wrinkle in reporting numbers by USCIS


    Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.




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  • mundada
    09-05 04:54 PM
    no you do not have to wait.




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  • redcard
    10-05 08:29 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...




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  • pappu
    03-14 03:12 PM
    could someone volunteer on this thread to set up a call and inform everyone?



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  • supers789
    09-18 08:06 PM
    as far as previous employer has not revolved / canceled i140, and Priority date for i140 is backlogged, you can get 3 yr extension on h1b using previous employer's i140. if any of these does not satisfy, you do not get 3 yr ext. using old company i140.




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  • shana04
    05-16 01:38 PM
    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.

    Any suggestions to get copy I 94? please share your exp.
    Thanks in advance



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  • kanta80
    04-03 10:59 AM
    Thank you very much for your reply, sertasheep. Your information is really useful for me.




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  • sunsuri
    08-02 11:52 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.



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  • days_go_by
    08-04 07:20 AM
    from immigration-law.com
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.




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  • chaanakya
    04-04 10:53 AM
    Hi, Congratulations :) When our son was born, we were in a similar predicament. We had to travel to India after about 60 days. This was the sequence of events..we got the birth certificate after 10 days, SSN after about 25 days. Applied for passport, paid extra for expedited service and got it in less than a week. Went to the indian embassy and person, explained the situation and the got the visa in about 2 days..

    Afterwards i found out that the PIO involves less paperwork :) but i dont know how long that will take ...



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  • flyingninja
    10-29 03:57 AM
    Hi,
    I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
    We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.

    Petitioner Documents:
    1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
    2. Petitioners Income Tax Return for the last two tax years and financial statements.
    3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
    4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
    5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
    7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.

    From the visa applicant:
    1. Certified copies of your comp academic credentials.
    2. Evidence of previous work experience in the petitioned field.
    3. Evidence of extension of legal status in the U.S.
    4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
    5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)


    I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.

    Knowing this, could someone please advise me what are my options?
    1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
    2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?




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  • jonty_11
    07-26 03:58 PM
    wait for the next receipt compliant notice....it should be out in a day or too...NSC will b January 1st 2020



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  • bigboy007
    11-05 10:50 PM
    OK i e-filed and it showed Nebraska address generating LIN no's instead of MSC etc , it prompted me where my 485 is and i think since it is at NSC it routed automatically to NSC




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  • lazycis
    02-28 12:42 PM
    canu post the USCIS link for these 2 laws

    Link to the INA (see chapter 245)
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    Link to 8 CFR (see part 274a)
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=68ba267609da05e160433ee0f3c73 289



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  • ashkam
    08-03 09:44 AM
    If Priority date is 'Current', you can't apply for H1 extension!

    I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

    What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

    Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.




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  • Mr. Brown
    09-30 05:53 PM
    ... there are always idiots in any group.



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  • kopra
    08-18 01:57 PM
    If she can come back before 1st Oct( i believe her employment will start from Oct 1st) , she should be OK as H1 status will be valid only from Oct 1 2008 onwards.



    Hi Everyone,

    Have a question

    My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.

    1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?

    2)After coming back, will her H1 have any issues ?

    What would be the best thing to do .. I am really worried about this status issues.

    Can any one of you pls let me know how to face this .




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  • immilaw
    09-15 02:13 PM
    hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
    my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?

    You should be happy. In the next 2-3 months your PD will be current. I am confident your PD will soon be current.




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  • Berkeleybee
    05-24 11:42 PM
    All,

    Please post send confirmations in the main fax and phone threads listed above.

    Thanks!
    Berkeleybee




    sdeshpan
    07-21 03:13 PM
    Has your experience via Delhi been any different (better/worse) than Bombay...mostly in terms of harassment by customs officials etc?




    shana04
    02-28 01:14 PM
    the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.

    Chandu,

    When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.

    Good luck.



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