Wednesday, June 8, 2011

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  • akhilmahajan
    11-14 08:28 PM
    December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.

    Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.

    Folks this is the time to fight it out. Lets fight for ourselves.
    The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.

    The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.

    There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet

    Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.

    Think about it.

    Go IV Go. Together we can.




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  • immi_seeker
    07-14 05:11 PM
    Talked to both L1 & L2 officers in uscis. They have no idea whether this is an error or not. All they can tell is that it is the adjudicating officers who decide on the extension period. They advised me to send back the original cards with a new application to fix the error. I talked to my attorney and we are not going to do that. We will send an application to extend this EAD card before it expires.




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  • abhisam
    01-07 06:31 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?




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  • cooldesi
    01-24 11:47 PM
    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
    I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.



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  • anil
    06-14 10:40 AM
    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • trueguy
    12-10 11:58 PM
    This system is completely broken. USCIS don't realize that people in EB3 from 2001 have gained more experience and they are more valuable to their country, rather than those fresh graduates and PhDs who are applying in EB2 and EB1 category.

    We must do something to remove country cap and increase annual quota otherwise there is no hope for India and China.



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  • gcdreamer05
    01-09 12:29 PM
    Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???

    And when we leave the country we surrender both the I-94s ???




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  • Maverick_2008
    02-22 09:32 PM
    Even TSC is getting s..l..o..w now for 140.

    Maverick_2008



    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    TSC
    485: went from May 24 to April 10, 2007 :(
    140: June 23, 2007
    NSC
    485: July 30, 3007
    140: Jan 22, 2007



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  • axp817
    02-03 07:14 PM
    "The AC21" is just a letter stating that you have switched employers and have a new job in the same occupation, similar wage, etc. under the AC21 law, in no specific format.

    My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.




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  • obelix
    03-02 11:28 AM
    Hi All,

    I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.

    I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.

    I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.

    My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.

    Does anybody see any issue in the plan? What would you do if you are under similar situation?

    I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.

    Thanks,



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  • Templarian
    11-30 12:42 AM
    why would flash people move on to flex ? That makes no sense at all.
    Because Flash is equivalent to hell from a development standpoint. :evil:

    Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:




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  • chris
    02-05 09:02 PM
    One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)

    Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p

    Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.



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  • GCPagla
    03-16 02:18 PM
    Hi,

    Thanks for all your replies.
    I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.

    So just to sumup all your openion is:

    Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC

    Salary? OK as long as it is heigher.
    company size? does not matter.

    Please let me know if all the above assumptions are correct.




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  • coopheal
    11-08 04:27 PM
    get real man... 655K is lot of applications
    just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
    Also this time is on the top of what we have already waited for till now.

    When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.

    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.



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  • leo2606
    09-24 03:50 PM
    Any thoughts




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  • jvs_annapurna
    04-20 02:32 PM
    Hi guys
    There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
    Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.



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  • Green.Tech
    08-06 11:00 AM
    Didn't you know for sure that you were going to stay with employer before asking them to apply GC.

    It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?

    Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.

    If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.

    Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.

    Calm down buddy, no need to get excited!

    FYI. I have been with the employer for ever. It's just that they are now revisiting/revising their GC policy, and I am trying to make sure that the policy makes sense for both the employer and any future employees. And who knows I may have to agree to this policy in future if I decide to redo my GC application :)




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  • jthomas
    05-18 11:15 AM
    Thanks for more information
    1. I guess you don't have a H1B visa
    2. You never had a EAD card. because you need your W2 verified by USCIS
    3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.

    you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.

    Thanks
    J thomas


    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam




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  • hpandey
    04-15 04:32 PM
    Yeah thanks to all the efforts being put in by IV . Its a hope for all of US. At least we have a voice now.

    Btw congrats on your GC !




    Becks
    02-10 07:18 PM
    Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.

    So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.

    So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?




    snathan
    08-06 08:33 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    Your husband can remove from the GC process if he wants. And you will lose your EAD and you can not extend your EAD. One way is file for new H1B, get the job and start the GC process from PERM. There is no other way.



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