Saturday, June 11, 2011

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  • iptel
    07-18 07:19 PM
    :D May be we can invite Guns 'n Roses and have them sing "WELCOME TO THE JUNGLE". Just Kidding




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  • ashwaghoshk
    04-26 08:01 AM
    Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
    I hope you get the extension. Good Luck.




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  • sledge_hammer
    02-23 12:44 PM
    I would say YOU need that "good luck" more than the members that answered your question!!!

    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck:)

    Shivani.




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  • gveerab
    12-30 08:57 PM
    hi,

    thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
    If i get a chance to move to a different company ,, do you want me to leave the current company?

    waiting for your reply..

    once again thanks for the response...


    Thanks


    Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)

    If I am in your position, i will not this type of chances.



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  • radhagd
    02-22 09:54 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.



    Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.




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  • tinamatthew
    07-23 10:45 AM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer

    Hope this helps



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  • Siddharta
    03-13 01:43 AM
    Agree with you Infinite_Patience_GC.......for desis I would not recommend doing a full time MBA unless you get into top 10. Foreign students are having a hard time finding a job even at top 10 schools these days.

    Although one good thing about part time is that it is less risky and usually lot of big companies help in reimbursing some of the tuition.




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  • ohguy
    02-18 06:53 AM
    I did not get any update like that. Should I call them up and find out the status? I received a letter to my home from Nsc just stating that my case has been transferred to Tsc.



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  • Siboo
    07-30 12:41 PM
    :confused: Guys ,
    I just checked my I140 approval notice and it shows LUD as July 28th 2007

    I am totally confused as to why it shows that since my I140 is approved since a long time .

    I have applied for 485 on June 29th 2007 and it reached USCIS TSC on July 2nd 2007.

    Does the LUD on my I140 have anything to do with my 485 Application ??

    Please advise ?


    My I-140 LUD changed to 07/22/2007. (My I-140 got approved in October 2005, I-485 got approved in July 2007).

    Looks like some kind of system maintenance.




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  • indigokiwi
    05-20 11:34 PM
    Haha...so does this mean that no one really knows what OP stands for? :D



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  • sukhwinderd
    09-12 03:41 PM
    online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry

    thanks




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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.



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  • snaidu
    02-12 01:29 PM
    How do cases get assigned to NSC or Texas?

    Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?




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  • JunRN
    12-18 04:37 PM
    I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:

    An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.

    Therefore, yes, an approved I-140 can be reversed and denied.

    Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.



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  • desi3933
    02-23 03:17 PM
    .... you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.


    This is not correct.

    One can use unexpired H-1B visa stamp along with the latest I-797 to get I-94 date as mentioned in the I-797 approval notice.


    _________________
    Not a legal advice




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  • ImmiRam
    09-08 05:16 PM
    Hi all,
    I know the Forums are still pretty active but is the IV Organisation itself still active?

    I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.

    Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.

    If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!



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  • EndlessWait
    12-14 11:17 AM
    if so then its tough




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  • ak_2006
    04-30 10:35 PM
    Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.

    http://online.wsj.com/article/SB124112017018574119.html

    Soon I will post my comments...I saw urs and pretty impressive. Keep going...




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  • ftbakhru
    10-21 10:58 AM
    Vikram:

    How long did it take for your AP approval and which srevice center? Thanks!




    gcdreamer05
    11-14 03:03 PM
    Hello guys,

    I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.

    I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".

    What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!

    My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.

    Anyone got the same thing? What can I do here?

    that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)




    ItIsNotFunny
    04-17 09:01 PM
    the problem is if it works

    Me too! But this can only happen in dreams :p



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