domingo, 19 de junio de 2011

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  • pdx_Soft_Eng
    07-10 12:33 AM
    as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...




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  • bikram_das_in
    01-22 03:32 PM
    1) Only the company for you are working right now with L1 VISA can apply for your green card. You should be able to get green card in 2-3 years if everything goes fine.

    2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.




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  • logiclife
    08-02 02:20 PM
    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    No Safe as he will be questioned at port of entry

    2)Will there be questions at the port of entry ?

    A Lot
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    Yes.
    4)Any chance he wont be let inside U.S ?
    90%
    5)Can he show them the h1b approvals for company C ?
    No..as it will confusing for immigration officer with so many 797 forms.
    6)Any tips to handle the officer at POE?
    Can try with chinese or african-american.Little liberal
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    Just 4 weeks
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Yes.. He may not not reenter US for next 10 Yrs.

    I am Immigration Lawyer.Better Talk to the Attorney.

    You probably meant to say that you are NOT an immigration lawyer. Correct?




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  • DareYouFireMe
    03-09 03:52 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


    Document URL
    http://www.uscis.gov/files/pressrele...22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification



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  • gconmymind
    08-14 12:58 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.




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  • somegchuh
    05-29 07:04 PM
    Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
    Can you please post the source of this information? I believe that all of AC21 is being repealed.



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  • ruby
    08-16 05:24 PM
    My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with “EB3/PD Sep 2002” and when I asked them to combine my EB2 with “EB3/ PD Sep 2002” they said USCIS will reject it.,
    Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.




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  • BECsufferer
    08-30 06:55 PM
    Is there any relation between biometrics and the final green card approval time?

    I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.

    Is that the case?

    Biometrics expire after 15 months. This could be renewal, however if it turns to be what you think ? than good for you.

    In my case, biometrics had expired 6-8 months ago, but USCIS never informed me. My PD is current but they are saying case is struck at last background check. All other stuff like name-check, finger-prints are done.



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  • a1b2c3
    08-04 06:10 PM
    In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.

    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!




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  • lskreddy
    07-30 11:22 AM
    These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.

    I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.

    But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.

    Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.



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  • punjabi
    07-31 02:56 PM
    If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.

    Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.

    I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.

    Good luck.



    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
    .....
    .....
    through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.




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  • knowDOL
    07-27 11:05 AM
    If GC is not your priority and you are ready to pay money every year to your attorney you can leave your company in the middle of all this. If I were you, even if I am not from India or China I would not have left a company that has a PD of 2002.

    After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.


    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky



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  • NolaIndian32
    04-28 06:13 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)

    If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.




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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?



    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.
    Cao



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  • Berkeleybee
    02-09 07:17 PM
    This letter is superb, we should include a copy of in our materials for lawmakers -- because it highlights the black box issue at the BECs

    best,
    Berkeleybee




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  • piyu7444
    03-26 02:44 PM
    I got another CRIS email today. Can anyone tell me what is the 'standard processing' mentioned in the email below?
    Anyone else know what this means for the status of my application?

    Thanks.


    -----------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LINXXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)

    Someone else had posted earlier a similar topic/question.

    I was trying to find the what is invloved in "Preliminary Processing" and this is what I found at
    http://www.uscis.gov/propub/ProPubVA...e8fe53f9aa0e3c (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c)
    (f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant’s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.

    My assumption is that STD processing is same as preliminary processing.

    Hope it helps.



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  • walking_dude
    11-21 11:33 AM
    You are probably refering to Cubans in Cuba and their leader Castro.

    I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.

    No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).




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  • wandmaker
    12-18 10:21 PM
    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).

    Nice quote :)




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  • ggc
    08-18 01:38 PM
    Thank you for your reply. It was not arrest record. My attorney says "if immigration office explicitly asks about this incident then only give that information otherwise not".

    But in I485 document (page3) it has around 14 questions, during the interview do they ask all these questions verbally or do they just ask us sign this document or do they ask something else?

    I heard they take oath from us, is that oath same as those questions in I485?




    kaisersose
    08-29 09:22 PM
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    hindu_king
    04-23 11:49 AM
    I am planning to change my apartment next week. Its same city same zip code just different apartment complex (got a better deal). I am working the same job, same profile no changes since filing my 485 in Aug 2007. I also received a RFE in July 2008 (at that time my PD was current) it was for BC for which I had submitted an affidavit from my parents since the original was in local language. For the RFE I did an notarized translation of the doc and submitted it. They had also asked for updated EVL with supporting paystubs W2. I sent that and the application has been pending since.

    The question I have is will this address change trigger another RFE?. Does any one have any such experience?

    I changed my address twice recently in a short period of time. Same state but different zip codes. I did not get any RFE's. I already got an RFE in Oct 2008 before I moved. There were Soft LUDs on my applications both the times but no RFEs. I dont think change of address will trigger RFEs.



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