Sunday, June 12, 2011

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  • VSS2007
    05-28 06:19 PM
    I got my renewal EAD from TSC last week. It starts from the expiry of my current EAD.

    Thanks so much!





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  • kadarm
    05-12 03:13 PM
    We went to India last year. No issues. No need of transit visa. The German consulate letter says the same.





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  • boreal
    09-03 03:44 PM
    Hello Folks,


    I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.



    The USCIS systems are not that sophisticated as we think they are.
    For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)

    ...and wait there's more!
    Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.

    Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....

    so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.

    Gist of this, highly disconnected systems and I dont think SR would lead to anything..


    But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...





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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002



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  • logiclife
    07-21 02:57 PM
    The name of the lawyer we have talked to before is Joe Hohenstein.

    See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088





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  • GCard_Dream
    09-10 12:54 PM
    The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:

    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS



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  • maverick_iv
    05-02 11:24 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..





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  • xiaomatu
    06-05 05:06 PM
    Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".

    Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?



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  • shana04
    03-08 12:23 PM
    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:



    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)

    Congrats





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  • kosu
    09-14 03:49 PM
    I got an LUD on 08/05/2007. My 140 was approved was in late Dec 2006.



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  • dilbert_cal
    07-10 12:00 AM
    Answer inline in different color
    I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).

    Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.

    Questions

    1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
    The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.

    2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
    Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
    Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.

    Hope this helps you.





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  • snathan
    08-25 10:54 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.

    Yes. thats the law.



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  • vsrajesh
    02-20 06:19 PM
    "The new company should first apply H1 for 3 years based your current approved I-140"

    Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).

    It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?

    If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?

    Thanks





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  • gc??
    12-09 08:42 AM
    Dream passed the house.
    Upto the Senate now........



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  • optimystic
    09-15 11:58 AM
    There's actually two more


    USCIS FOI :
    http://immigrationvoice.org/forum/showthread.php?t=21456

    F Cube campaign:
    http://immigrationvoice.org/forum/showthread.php?p=287470

    You dont have to discuss all of these...but if there is any good thoughts/ideas you could extract from the above threads , that would be good enough.

    Regards.





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  • snathan
    08-25 10:54 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.

    Yes. thats the law.



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  • alexmat01
    01-13 04:36 AM
    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.
    Regards,
    Alex





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  • smsthss
    11-16 09:49 AM
    If anyone has more info on this, please respond. Thanks.





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  • vivaforever
    08-12 11:08 PM
    Guys you think Sept Visa Bulletin is coming soon?





    harikris
    05-20 08:09 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.





    jq45
    06-15 09:53 AM
    The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?

    I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:

    http://immigrationadvice.net/I-693.pdf
    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf

    But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?

    I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!

    I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?



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