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  • coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)





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  • eilsoe
    03-07 12:33 PM
    voted for mlk, that is one sick design man... just love it... :thumb:


    looks a little like 2A, but may just be the colorscheme :)





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  • rogerdepena
    08-01 11:30 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.





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  • jagan13
    02-23 01:49 PM
    I have sent an email to the Embassy today, enquiring about the status of my application and finally, for the very first time, received a response saying it will be checked into. I hope to hear that they have already mailed it out.



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  • lostinbeta
    10-21 01:56 AM
    ooo, I like photography, but I can't take pictures. I am just so horrible at it.... funny how something so easy is so hard for me.





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  • satishku_2000
    08-01 06:21 PM
    Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
    Wish you all the best


    I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...



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  • kumarc123
    11-14 08:56 PM
    Hello all IV members,

    I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

    A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,


    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    how about holding another DC rally?

    We have to do some big about all this crap!





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  • gveerab
    08-21 11:06 PM
    Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.

    If you invoke AC21, that might trigger GC approval also. :D

    :D






    Thanks for your opinions.

    Sorry, I should have included my Category EB2 and Country India in the original post.

    I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).

    I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
    I am sure there are many on the board like me, and I guess I am looking for some courage, either way.



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  • Brightsider
    11-16 03:31 PM
    Guys,

    Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
    Havent been able to find it?

    Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.

    Maybe I am not looking at the right doc.
    But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.

    Many thanks





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  • calaway42
    10-04 12:03 AM
    part where.. "OK HOLD CTRL and click on the layer with your shape on it to select it, now making sure you have the rectangular marquee active on the tools palette, on your keyboard press UP once and LEFT once to offset the selection. Now create a new layer and fill the selection in with white. HOLD CTRL and click on "layer 1" again to select it. With"layer 2" still active HIT DELETE. Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite."



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  • AB1275
    12-18 10:07 AM
    For MTR - Brief / Evidence need to be given within 30 days of denial.
    For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
    In either case, 290(B) have to be filed to keep it going.

    Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

    Hope this helps.

    Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.





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  • das0
    05-27 10:38 PM
    What is the Cut off date for EB candidates for the proposed CIR Bill > May 21 2005 or May 21 2007 ???



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  • gc_peshwa
    01-26 06:55 PM
    Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)





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  • learning01
    05-10 11:48 AM
    immi2006
    That's what we need to do in these forums.

    You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.

    After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.

    Hence, my title: please read and post your opinion, instead of just posting thie links or the story.



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  • ameryki
    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.





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  • fall2004us
    11-07 03:25 PM
    I went to school in huntsville.....sweet home alabama....
    good luck on starting a new IV chapter.



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  • lee.cook
    May 30th, 2007, 10:27 AM
    Hey Again,

    I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

    Anybody got any pictures of the correct way? thanks very much.

    Fashion models come on H1B? Give me a break.. [Archive] - Immigration Voice

    View Full Version : Fashion models come on H1B? Give me a break..






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  • voicerj
    04-04 10:55 AM
    When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.

    If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.

    gc_on_demand - Thanks Man, i just forgot about CP. Got it ! Lost in my own world and hoping something works out this fiscal.





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  • Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.





    nk2006
    06-22 03:02 PM
    Do we have to send our application to one of the centers based on where we reside/work?





    RSRao
    10-28 03:32 PM
    This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.



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