Friday, June 10, 2011

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  • gc_on_demand
    02-04 09:55 AM
    Gc_On_Demand,

    I remember that last year your prediction about spill-over was almost close. What's your take this year.

    Thanks
    MDix

    I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.




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  • Ann Ruben
    01-20 09:11 AM
    Abhay,

    Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

    Ann




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  • gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.




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  • nish2006
    04-27 08:52 AM
    Dear All,

    I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:

    a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
    b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
    c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
    d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
    e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?

    I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.

    Best Regards



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  • narendra_modi
    07-07 12:25 PM
    My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.

    The status of this service request is:

    Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.

    What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.

    please advise guys ..
    thanks,
    narendra




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  • austingc
    09-01 10:21 AM
    Thank you for your help in this regard. My attorney submitted

    1. Expert Opinion Letter
    2. University Letter

    and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
    Mine was PP.
    That’s great news. Congratulations.



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  • regacct
    12-20 08:26 AM
    If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?




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  • Happyday
    07-26 11:36 AM
    SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE

    WHO: U.S. Senator John Cornyn of Texas
    WHEN: Thursday,August 9,
    Lunch: 11:30 a.m.
    Speech: 12:30 p.m.
    WHERE: Lakeway Inn, New Glass Ballroom
    SPONSOR: Rotary Club/Lakeway
    Lake Travis
    COST: $250 per table of 10,
    or $25 per individual
    RESERVATIONS: MANDATORY!

    10 Tables are being reserved
    for Rotary & Guests
    20 Table reservations will
    be taken and must be paid for
    by July 27, 2007!

    CONTACT: To make table reservations

    Doug Lindgren at 261-0086
    OR
    Renee Verhoff-Matta at 261-5984

    I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.



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  • Rockford
    09-06 03:12 PM
    What is your RD and ND ?

    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska




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  • nkavjs
    09-26 05:00 PM
    Ok I made the decision. I emailed my sponsor (employer) to change me from h1B to EAD and will be a part-timer. I will be working 10 hrs per week.
    Possibly I might work 10-15 hrs with a different employer too (in same field).
    I was asked to change I-9 form and update the changes.
    Am I supposed to do anything else from my end, which my employer has not told me yet?
    Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
    DO we see any trouble with my GC processing?
    EB3-india July 2003, I140 approved 2006.
    Thanks
    RPH



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  • rahulpaper
    11-17 07:48 AM
    Your priority date should be prior to cutoff date in visa bulletin to file a 485.

    Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).

    The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.



    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?




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  • Bytes4Lunch
    04-09 04:37 PM
    I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.

    I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?

    ramesh

    Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
    During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
    Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
    And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.



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  • mallu
    06-13 10:43 AM
    Is there a chance India EB2 retrogresses to 2002 ?




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  • h1bdude1
    03-23 11:48 AM
    anybody please respond !!


    hibdude1



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  • sunny1000
    10-10 01:32 AM
    the reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    rofl :):):)




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  • eb3retro
    12-13 10:05 AM
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram


    good morning sunshine...



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  • maddipati1
    01-08 02:23 PM
    i dont think u ever need to change the lastname.

    may i know when do u think the lastname need to be changed?




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  • ocpmachine
    06-15 05:09 PM
    I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.

    Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.

    Any ideas for those who got RFE for medical?

    I too got RFE for medical forms. My attorney asked me to get the medical exam redone as USCIS updated the medical exam requirements in 2008, now doctor has to include the x-ray report along with I693(this was not there in 2007) if tbskin test >= 5mm. Given all the changes i got it redone just to be safe and we are preparing to respond to RFE.




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  • Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.




    northstar1
    07-26 03:57 PM
    My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

    I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?


    From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.

    This is MY understanding. Not sure if it is totally accurate.




    sri1309
    10-23 07:08 PM
    Thanks guys,

    One more related question.
    If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1



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