Sunday, June 12, 2011

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  • realizeit
    09-18 12:41 AM
    I think, you could wait for few more weeks. Sometimes, the delay may be due to the unavailability of appointment dates at the nearest uscis office. In your case, I guess it is Newark or New Jersey or whatever..which I guess is an office with lot of applicants under its jurisdiction.

    If you apply this logic to a person from a remote place, that will answer why he receives a notice early.

    Well I won't suggest you to wait for more than 6-8 weeks.




    Hello all,

    I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

    Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

    Should I call USCIS or wait?

    Any suggestions are welcomed...

    Thanks.




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  • GC_1000Watt
    01-08 03:39 AM
    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...

    Thanks man. And let me know how do I change the subject title? I don't see an option.




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  • richana
    01-23 09:20 PM
    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

    Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.




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  • extra_mint
    01-21 04:49 PM
    even I am aware of the same thing.
    I think u got it right.

    The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.

    You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.

    There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.

    If anyone has doubts about what I said then please correct me.



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  • uma001
    11-05 09:35 AM
    Who gave me red, idiots...




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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.



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  • sankar_203
    04-20 10:20 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..




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  • saileshdude
    08-12 08:04 AM
    My NC is pending. And I am not getting the GC because of that. A lot of people with Jan/Feb/Mar/Apr 2006 are getting theirs and quite handful with 2003/2004 are stuck. What could be the reason for this inconsistency, obviously NC.



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  • rjgleason
    July 18th, 2004, 07:15 PM
    Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.

    Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p
    Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!




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  • cleopatra
    02-07 03:28 PM
    That is the problem. There is no such thing in the flcdatacenter, but in onet online, there is a
    15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.

    Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.

    The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.

    The attorney is suggesting to refile, something I don't think is going to change the outcome.

    Any suggestions?



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  • GC_1000Watt
    08-05 04:09 PM
    Hi,

    The hotel I stayed was Shalimar, bit expensive about Rs 7000 a day. The hotel is really good with complimentary breakfast buffet. The consulate is walkable distance from the hotel. VFS also offers some facilities, please check with them.

    I did not have to pay addition fee because the new fee came in to effect later. I paid the equivalent of $131 for each applicant!

    Cheers
    Raj

    You mean to say you paid $150 for each applicant. Right? Or you were done with stamping before June 4th itself?
    The new fee for H1B (effective June 4th,2010) is $150.




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  • Achi Goro
    11-17 03:25 PM
    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).



    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.



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  • morchu
    04-27 03:01 PM
    "approvable" is the right term.
    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?




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  • kmkk2006
    04-09 12:07 AM
    Hello,

    This is my status.

    I 140 � Approved in 2006 and have a copy.
    I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
    Perm Labor � Have perm labor approval copy.

    Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

    I would like to send AC21 job change info to USCIS my self.

    Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

    And also advice if anyone used new attorney only for AC21.

    Thanks.



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  • ItIsNotFunny
    11-05 05:40 PM
    After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

    It is defintely not going to happen in the near future.....

    So even finding a pattern may not help as its not going to be current for all for EB3 atleast.

    I don't think it will become current for atleast couple of years.




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  • RollingStone12
    04-25 02:43 PM
    1 felony on record;

    no FELONIES...
    and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
    So stuff that where it needs to be stuffed

    Dont worry its just a matter of time...already your son would have started the itching for second Felony...yes its getting stuffed in the right place. I mean the ICE.



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  • good idea
    10-25 11:14 AM
    If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
    If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
    As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
    I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
    My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.




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  • snthampi
    05-04 05:52 PM
    Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.

    If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.




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  • fcres
    08-10 01:25 PM
    Did any one get an RFE to prove educational qualifications for EB3.

    I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.




    longq
    03-29 11:09 PM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.




    test101
    07-17 07:42 PM
    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?



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