Tuesday, June 14, 2011

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  • glen
    05-04 02:50 PM
    As per my understanding you can apply for one year H1-B extension based on LC or wait for I-140 approval till August and then apply for 3 year H1-B extension.


    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.




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  • Land Rover Discovery 4 - Rear


  • cdeneo
    04-02 10:31 PM
    The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.

    The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.

    My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.


    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.




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  • rheoretro
    09-25 05:20 PM
    This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
    As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.

    I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.

    And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!




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  • 1996 Land Rover Discovery


  • belmontboy
    04-10 03:30 PM
    source?



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  • franklin
    06-15 02:52 AM
    H1 B extension under current laws (if on H1B for 6 years)


    3 years extension if I140 approved and PD NOT current

    1 year extension if LC approved and PD IS CURRENT


    EAD or H1B - both RIGHT NOW are only 1 year extensions...

    As I understand it, as long as you don't travel using your EAD, you can maintain H1B status. If you use EAD, you lose H1B

    btw - as a side note, having multiple questions in 1 thread is almost impossible to track and answer. Ever heard of thread hijacking?!




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  • clif
    06-15 01:35 PM
    Experts, Please advice on this :

    :confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?

    Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.

    Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:



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  • natrajs
    04-21 02:39 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.

    Congrats and Best Wishes




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  • daishwarya
    07-23 02:06 PM
    @linuxra: Did you get an RFE on your I485??



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  • BPforGC
    10-15 12:28 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------




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  • starving_dog
    11-03 07:34 PM
    Talk to a lawyer. We repeat, talk to a lawyer. Good luck.



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  • jayleno
    10-13 05:19 PM
    While I feel your pain, I still have a question:
    How can you expect them to reach new goals when they are not even reaching their existing golas?
    For example,
    Honoring the priority date,
    Processing in sequence,
    Approving in the expected 90 days,
    ....
    ...
    ..
    bottom less list.

    Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.

    First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.

    Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.

    EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.

    Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....




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  • gsc999
    06-07 06:52 PM
    This is the same seat from where Bush defeated John Kerry by 10 points in 2004. Republicans have a 44 percent to 29 percent edge over Democrats in voter registration. Bilbray won 49% votes against Democrat Ms Busby's 45%. This shows that there was no clear endorsement for either candidate. This infact shows that democrats did make a headway into republican base and come November it might be Democrat. We should remember this is a heavy Republican district.

    Republican Brian Bilbray will face-off with a Democrat again in November for this same seat for a two year term.

    Also, a big faux-pax by the Democratic candidate might have led to her own demise. She suggested that illegal aliens could also vote for her, this incensed the republican voters and they came out at the last minute to hand her a defeat.

    It is obvious that Republicans won because Democrats blew it.

    Check out this url for details:

    http://news.independent.co.uk/world/americas/article717540.ece



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  • axp817
    02-03 01:49 PM
    Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

    It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

    I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

    Just my 2 cents,




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  • permfiling
    12-22 09:56 AM
    Non production of green cards needs to be taken up IV as a action item with USCIS



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  • santa123
    08-15 07:21 AM
    Welcome back vdlrao...
    what does the SEP VB indicate to you?
    you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?

    We IVians look fwd to your analysis and insight. Thanks!




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  • shukla77
    11-20 08:02 PM
    Please send emails to CBS 60 Minutes and other media sources. Send them personalized emails explaining backlog issues and efforts from IV. Considering passage of SKIL Bill in lame duck session a remote possibility, this would be a step in right direction. Also it would bring IV in media focus.

    ****So far ~10 people have sent emails to CBS..*****
    ****5990 to go..*****

    Good Luck

    Shukla77:)



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  • Mohit_Malkani
    02-25 04:12 PM
    Guys,

    The I140 processing dates for VSC show as 1 April 2006 and have been the same atleast for the last 1 year. I called customer service but couldnt get a straight answer from them - the standard bs about RD being well within standard processing times etc. Anyway, does anyone have an idea about this issue???

    :mad::mad:




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  • LCD for Land Rover Discovery


  • Dhundhun
    09-02 08:47 PM
    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).

    As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?

    Thanks in advance for all your responses.

    As I remember, the validity is one year.




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  • dpp
    02-21 01:25 PM
    Dec 21, 2006

    For those that can see the Feb updates can you please post what date they are showing for:

    I-129 ( H1-B Speciality Occupation Extension of stay)

    Thanks




    meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.




    sanju
    11-20 03:51 PM
    Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.

    Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.

    I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.

    Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.



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