Tuesday, June 28, 2011

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  • tikka
    05-23 11:32 AM
    Thank you for your e-mail. It is very important to me to know the issues
    that are of concern to you. A growing number of my constituents are now
    choosing to communicate with me via e-mail. I hope you will understand
    that, because of the volume and range of e-mails I receive, it can take
    some time to send a response that specifically addresses the subject
    raised in your message. I do, however, want to let you know immediately
    that your message has been received. Hearing from you and others through
    e-mail helps me to quickly learn the views and interests of New Yorkers
    and others, which is very helpful to me in my work in the United States
    Senate. I hope you will continue to monitor my work through my website
    at http://clinton.senate.gov, and I welcome hearing from you.

    Sincerely,

    Senator Hillary Rodham Clinton




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  • sk2006
    09-03 01:58 PM
    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?




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  • InTheMoment
    08-01 08:29 PM
    Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)

    This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
    Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).

    In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.

    On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!




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  • indigo10
    09-09 05:49 PM
    I read this as a status message of a CEO sometime back on linkedin:

    An egg, when broken from inside, brings in new life but if broken from outside, kills it.

    Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.

    Good quote, well said...



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  • abq_gc
    08-18 01:22 PM
    I agree....mine is too 2002 PD/EB2

    Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....

    No use....USCIS is a big elephant and acting in sleep....

    Yeah they have to follow the 180 day rule in that case.....if the NC is pending.




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  • skgc
    04-01 01:33 AM
    Hi All,

    I have a question about invoking AC21 using EAD vs AC21 using H1B.

    My status is as follows:
    - approved 140 from a BIG company with BIG lawyers, but company going down.
    - more than 180 days since filing 485
    - H1B valid till March 2010.
    - I have been on H1B since 2001
    - WILL BE LAID OFF THIS WEEK.

    I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.

    My question however is regards to the EAD/H1B usage after revoking AC21.

    I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.

    So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:

    1. Can I go back to H1B again after using EAD
    2. Will I be subjected to the cap?
    3. What should I do to get back to H1B?
    4. Can I do it without leaving the country?
    5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
    6. Any other advice, anyone?

    I would really appreciate if someone could help me out.

    regards,
    ssk

    ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.



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  • unitednations
    08-24 09:28 PM
    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.




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  • ramus
    06-18 06:52 AM
    How long you guys think it will take to get EAD and AP for June1st fillers..



    me too



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  • wa_Saiprasad
    07-04 08:56 PM
    I just sent flowers from proflowers.com. Order number : EGONZA0EG6UA.




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  • newbie2020
    05-07 02:18 PM
    USCIS case predictions made easier.... :)

    http://www.immigrationwatch.com/immi_predict_form.jsp


    Also check out their Application Processing Statistics

    http://www.immigrationwatch.com/uscis-processing-statistics.html

    Recent Approvals Etc..



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  • nousername
    01-30 05:38 PM
    Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.



    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]




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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]



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  • franklin
    07-05 11:06 AM
    Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.

    Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all




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  • royus77
    07-07 08:50 AM
    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,

    Please go back .Why wait for the change in law .No one is stopping you . Dont discourage



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  • since1996
    03-26 04:29 PM
    I say i get it by 2011....if i dont....then i just suck it up and keep waiting...LOL

    the worst case....I will finally ask my g/f (shes american) to marry me and apply thru her. LOL LOL




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  • akhilmahajan
    02-12 12:26 PM
    bump..............



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  • sriatm
    07-21 04:10 PM
    Group of EB3 & EB2 folks should take an appointment with DOS Chief first and then with USCIS's Chief. How can we do this ?We will discuss our concerns or interpretations and changes to work towards to clear backlogs or increase Quotas or Visa Recapture..etc. I am in for any group's concerns though I am in EB3.Category does not matter. India is the hardest hit in EB based Immgiration. Let me know How we can get to the attention of the TOP/Key Persons.




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  • gch
    05-28 12:27 PM
    emailed the house representative as well




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  • nag2007
    03-25 04:14 PM
    I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.

    but some were lucky people got it quickly because they could cut lines.

    Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.




    dilusa1
    08-27 01:44 PM
    Recived I-485.I-131,I-765 at Nebrasaka on July 5th, at 10:50 AM.

    signed by "CRUH"

    No receipt Yet..

    Thanks




    needhelp!
    09-16 12:00 PM
    Someone reading the thread for the first time should be able to figure out what the plan is.

    man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?



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