Monday, June 13, 2011

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  • print0104
    08-30 09:05 PM
    um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
    Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.

    By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
    Thank you guys~

    Hello, guys, I really need your help~~
    Is anybody here who could really analyse me situation???

    Thank you so much~~





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  • lecter
    November 9th, 2004, 07:38 AM
    4/3's?? Hard to say..... It's certainly going to get a following. But it's limited compared to where larger Sensors will go ultimately.. Certainly the E1 is a NICE image machine.

    For your $1,000 do you want new or have you considered second hand??

    Rob





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  • chaukas
    10-21 12:03 PM
    We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
    The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.





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  • meridiani.planum
    07-19 02:10 PM
    Hi Leoindiano:

    What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

    my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

    Can you enlighten us little bit more.

    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.



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  • linuxra
    09-28 07:54 PM
    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details



    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
    immigration forms by phone at 1-800-870-3676.


    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.
    Nebraska





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  • file485
    12-06 11:16 AM
    Hello ..

    filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..

    guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!

    Any idea when could my case be touched...expecting not until March..

    whole of our life ends up in waiting...!!



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  • geniousatwork
    05-27 11:58 PM
    Does anyone know any other place to find the PD in case you have the Case Number?


    The link mentioned below shows the PD for 2006 FY Data only :(
    For 2007/2008 FY, I could not get the PDs from the below mentioned site.




    If you have all the PERM case numbers with you then you should be able to find your PD in this link

    http://www.flcdatacenter.com/CasePerm.aspx and





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  • InTheMoment
    08-02 11:00 PM
    Tina,

    ...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!

    You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).



    For almost all countries your country of citizenship matters, your GC status has NO bearing.


    Got it ?



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  • yabadaba
    02-28 12:08 PM
    I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.

    However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.

    When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.

    for more options bout IB check out

    http://www.ibo.org/





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  • desi485
    03-17 10:43 PM
    afaik your date of first application is your pd. To recapture it, you need to have copy of approved i140 or atleast knowledge that it has been approved.



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  • roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.





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  • thomachan72
    06-04 08:30 AM
    I am no expert but here are a few suggestions.

    Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
    However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.

    I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.

    Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.



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  • sid_das
    04-21 06:34 PM
    hey starscream

    - What was the RFE about?

    In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.


    - Are you employed by a consultant or employed full-time at a company's location?

    I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

    - Did your employer have any profit isseus / layoffs reecently?
    No

    - Is your employer TARP funded?
    No
    - Do you have your EAD?
    No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

    Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

    its driving me crazy....:(





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  • voldemar
    12-26 12:52 PM
    When I am working on H1-B, why should I keep my EAD current?You don't need to keep EAD current if you have H1. It's just easier to get new job with EAD if you want to change job or got laid off.



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  • sanjay02
    08-16 09:49 PM
    Hi
    What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?

    Thnks





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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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  • va_labor2002
    06-16 09:07 AM
    You guys are too quick. I assume this is not an act out of impatience?

    Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?





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  • skpanda
    05-17 07:03 PM
    This is a tricky situation. I would suggest you consult your attorney.

    Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

    In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

    Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

    Please update here about any new developments in your case!!

    All the very best!


    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help





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  • wandmaker
    03-05 02:05 PM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.


    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    IV does not collect any identifiable information. The information is being requested is all about petitions that you had filed, which no way affects your privacy in my personal opinion. These information will help IV to slice and dice the data and present it to lawmakers when the need arises.

    It is up to you to contribute to these efforts with clean data. I would suggest you to get a paid consultation from an immigration attorney until you become comfortable with IV, people and its forum





    meridiani.planum
    12-14 12:33 PM
    - Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?



    Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...


    - If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?


    I doubt if this double dipping is going to work...


    - I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]


    LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.





    anurakt
    12-27 11:11 AM
    anurakt, thanks for the update.

    There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.

    The caption should be catchy and should convey the info....some thing like "by the people and for the people".


    update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)


    I think there is an article on front page. Also I am personnaly right now more interested in grass root state chapter person to person campaigning rather tha online campaigning. I think time has come to show the faces and numbers to each other. I appreciate your comments and my intention here is to just give an update. I am sure somebody from core is reading this and will take action if they like the idea....

    Thanks once again.



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