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  • nozerd
    02-23 12:38 PM
    Is IV aware of this meeting

    http://judiciary.senate.gov/hearing.cfm?id=2555





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  • gc_check
    03-13 10:30 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...

    http://www.murthy.com/mb_pdf/030609_P.html

    See under Improper Denials of I-485 AOS on Priority Date Issue





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  • gk_2000
    05-04 01:32 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!





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  • rajenk
    09-20 07:10 PM
    I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.

    Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.

    To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.

    Here are the EB2 minimum requirement.

    JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.

    Good luck.:)



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  • ashkam
    11-29 01:38 PM
    I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
    Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

    Just wondering if some one else in the same boat not receiving emails.
    I have given my hotmail email ID, if that matters ?

    Any Idea ...

    It does work and they only send an email for a hard LUD (when there is a material change in status).





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  • logiclife
    12-05 12:47 PM
    Online tracking or toll-free numbers tracking is really useless. It doesnt say much about the content of correspondence.

    The automated messages(online and phone) say one of the 5-6 standard recorded messages. Nothing more. If there is an RFE, its says there was an "Inquiry". It doesnt say what the RFE was about whehter it was about the beneficiary or the employer. If you talk to a live person, they say that you are not entitled to information as you are the beneficiary and you need to talk to the petitioner or lawyer of the petitioner.

    What you need is COPIES of everything that the lawyer sends out to USCIS. Preferably BEFORE he sends out that fedex. So that you can verify yourself if they have made typos or mistakes in names, dates, etc.(most common paperwork errors).



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  • sertasheep
    05-30 05:14 PM
    Thats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
    (including the core team.)

    This is a great achievement. I deeply respect the involvement and the efforts of the core team members.

    :)





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  • snathan
    08-27 10:12 AM
    I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

    I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?

    If the responsibilities is more 50% different, its a new job and not a same job where the EB3 was sponsored.



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  • milmuk
    02-06 07:35 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks





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  • rdehar
    02-10 03:17 PM
    Whats is your PD, Category and Country of Chargeability ?



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  • netsavvy
    03-28 08:12 PM
    This is a very good point.

    Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.





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  • somegchuh
    11-01 05:53 PM
    Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?



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  • dollar500
    04-10 11:39 AM
    AFAIK it's not published yet. Also it's two years extension which is under review not three years.

    Good luck





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  • MightyIndian
    11-05 06:11 PM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec

    I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
    http://hyderabad.usconsulate.gov/visa_services.html



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  • sunny1000
    01-09 02:44 PM
    I would agree.

    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.





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  • vikramy
    06-15 02:45 PM
    Several people i know got RFE during H1 transfer and few got denied . At the same time many got approved.

    Mines also got denied even though i a have a project and with big company.

    But if you are over 180 days you can take a chance. It is better that getting less salary. You can transfer on premium and switch company after it gets approved.

    On the side note: dont transfer your h1 to a company starting with cognXXXXX and ending with "solutions". their immigration department sucks and several of their transfers are having issue.




    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.



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  • rustum
    07-15 04:47 PM
    It should be new procedure for each person.

    Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
    I guess, it should be ok.





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  • abracadabra
    07-06 11:13 AM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
    Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it





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  • patiently_waiting
    06-17 06:09 PM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks





    mdipi0
    11-17 09:54 PM
    wtf? this isnt mine! omg! :P! kirupa can you tell me whose account this is? this is mdipi.com. i used my BBForum name by accident and look what happend! :P. if you could tell me that would be great.





    thomachan72
    12-16 03:51 PM
    it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.