Friday, June 24, 2011

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  • arnet
    07-12 02:19 PM
    it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?

    good luck.....





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  • mheggade
    07-20 01:13 PM
    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!


    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • little_willy
    12-14 01:49 AM
    Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.





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  • kondur_007
    05-13 01:34 PM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?

    The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

    It can also be done at 485 stage, but much easier to do at 140 stage.

    Make sure to insert the same A number that came with old I 140.

    Good Luck.



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  • paskal
    09-11 05:31 PM
    i ordered friday night
    used standard shipping instead of regular (pain <2 bucks more for 3 items)
    next b day ie monday am it was shipped ups ground
    now in ups transit for delivery tomorrow

    pretty fast!





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  • apb
    09-11 03:05 PM
    I saw two soft LUDs on Sep/9 and 10th after I opened a SR on Sep/4th.
    Still waiting. Anybody had similar experience?



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  • new2perm
    05-28 06:33 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.





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  • singhsa3
    05-01 11:29 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS
    singhsa3:

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...



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  • ramesh10
    06-15 09:39 PM
    Thanks Franklin
    I will contact my lawyer on this





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  • tabletpc
    08-27 09:16 AM
    Thanks guys for response...
    so basically in short....
    I can aply for visitors visa an visit cananda while my PR is in proceess right..??



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  • hate_me
    03-28 03:39 PM
    Need a drop down for page list so that you click on that dropdown list click page number and it take you to that page, instead of clicking through the current pagination for couple of dozens of time, and also if possible need two options in pagination like << and >> once clicked on that it takes you 5 or 10 or some fixed number of pages ahead or behind. This is just a suggestion, and it doesn't take away the hard work and efforts taken by team whom developed it, kudos to them. :)





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  • kirupa
    01-04 12:10 PM
    SirDuke - unless it is a library that comes as a part of a Flash install, then no.

    :)



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  • ssnd03
    08-03 04:17 PM
    This is the latest on my LIN number ...

    Response to request for evidence received, and case processing has resumed.

    What does it mean ... Any Ideas folks ...

    RFE accepted... so chill and relax and have a good weekend





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  • gcformeornot
    02-11 02:39 PM
    Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.

    To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
    L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.



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  • sara_apk
    04-16 04:05 PM
    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.

    Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?





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  • sriv1
    01-30 05:46 PM
    Same here.. We filed for Change of Status on Oct 1, so far no update from Vermont Center. Are these published dates real?



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  • centaur
    02-12 10:10 AM
    YOur I-94 will be same as expiration of visa, only it will be in your "old" passport. When you get your new passport, you will have to carry the old with it ( the one with stamped visa) and thats it. No worries.

    I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
    However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
    Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.





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  • fromnaija
    10-05 12:49 PM
    On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.

    Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.


    This is my strategy. I play my entry in the early weeks and play my wife's entry towards the end.





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  • SunnySurya
    08-21 05:40 PM
    I was born on December 26, 1968, will it be Gemini?
    Are you a gemini? If this is also an yes I will go further to predict more





    SGP
    04-14 06:29 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

    5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.

    Please see my replies in Bold Dark Green.
    ____________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")





    TexDBoy
    09-10 09:09 PM
    If your Opt is till Dec ... why did you get H1B with no I-94 ...

    I thought that only happens if you have gap between OPT and H1B ...



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