Thursday, June 23, 2011

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  • p_kumar
    12-20 02:08 PM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice

    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D





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  • vverma17
    08-19 06:44 PM
    Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.





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  • trueguy
    08-28 11:19 AM
    Ron sent an inquiry and here is the answer he got

    Ron also says


    Visa Bulletin says


    So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.



    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?





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  • chintapalli
    10-16 01:28 PM
    One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance



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  • ssdtm
    02-23 10:31 PM
    As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

    AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

    Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.





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  • painful_GC
    03-11 03:10 PM
    hi..Many thanks..this is an excellent information..I was suggested to wait for the H1 Decession and then get L2 status.Good to know that we can do L2 and EAD cocurrent filing.is there any URL about this information ?? Secondly..

    If i go with required documents to india and get stamped how long do u think it takes??



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  • wandmaker
    10-22 10:23 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.

    The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".

    If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.

    More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)





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  • tdasara
    03-08 09:14 PM
    The OVERFLOW from EB1 and EB2 is directly going to EB3!



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  • arnet
    09-15 06:17 PM
    start your GC process soon. atleast it will take another 5yrs to get it in EB2 category. good luck!!!!!:)





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  • willigetgc?
    12-03 09:29 AM
    Is there anything that can be done to fix this? write or talk to someone in uscis or ombudsman's office?



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  • das0
    06-22 02:09 AM
    any thoughts?





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  • ksrk
    10-01 04:39 PM
    How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

    thanks,

    I took an InfoPass appt. at the local USCIS Office and the IO there was quite willing to share information. He told me my FP returned with "no record" and my NC (same as BC) came out clean and was nice enough to confirm the same thing for my wife (even though she wasn't at the InfoPass appt. herself).

    InfoPass appts are generally a crap shoot - if you are lucky you will get quite a bit of info, else the cold shoulder treatment.

    But for sure, calling the USCIS office won't give you any info reg. the status of these checks.

    Hope this helps.



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  • Lisap
    08-27 05:54 PM
    Should I call CIS to see what they say??? Anyone??





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  • senthil1
    04-08 02:15 AM
    I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.

    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota

    I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:



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  • saileshdude
    11-01 01:27 PM
    Thanks for the response.

    IF I port to self employment will things be any better?

    That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?

    Thanks

    Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.





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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.



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  • rajuseattle
    04-27 01:16 PM
    Blog Feeds

    Fear Mongers are the ones who are relying more on Govt for the social safety net benefits, they dont want to work and enjoy the Govt benefits, at the same time they blast undocumented aliens for using the Govt benefits, its the biggest hypocracy and party of Naysayers is full of these hypocrats who are just riding on "Tea Baggers" in the congress and do nothing about immigration reforms.





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  • aat0995
    04-27 07:22 PM
    I filed I-140 at NSC on 07/27/2007 LUD - 01/02/2008, but my current case status reads as below

    The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.


    The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated


    I also have the same message. However, if I call USCIS and then enter the receipt number it says I have reached TSC. So I assume my case is at TSC.





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  • serg
    08-07 10:59 AM
    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.

    http://www..com/ will help you.





    waitingmygc
    01-19 12:01 PM
    You have only 2 options:
    Either postpone your vacations or get new visa stamping on your passport.

    If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.

    Better ask your attorney, I believe he will suggest you the same.





    pbojja
    10-20 02:10 PM
    4th grader at USCIS decides the future of highly educated people! What a "JOKE".

    4 th grader is born in the country where as all the highly educated people are not ..



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