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Friday, June 10, 2011

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  • rajenk
    01-23 12:49 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy





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  • ash0210
    09-08 08:01 PM
    Interesting thread but NO Radio Button to vote...


    Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.





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  • gapala
    02-04 04:56 PM
    This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
    As far as I know, you can volunteer in any area as long as you do not get paid for those services.





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  • aguy
    01-05 01:59 AM
    Hello:

    I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

    Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.

    Thanks.



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  • bluez25
    08-23 03:48 PM
    I really appreciate Pappu and this is why I like IV a lot... Staying focused.. I wish I could come to the rally but due to lot of personal reasons I will not be able to attend. ..... and coming back to the focus point of this thread....

    Guys please stay on top of your case and make sure your's is not one of the case sitting in the dead box..... The actual message from the other thread just to avoid the jump....

    From a user expected from other forum
    ---------------------------------------

    Finally it's my turn - a Sunday phone call changed it all...
    ...yeah...yeah...yeah...
    ...etc...etc...etc...

    ...after hearing lots of crap for 6 years, finally I also got my approval on 8/21...no, no, no...it's not over for me...they wouldn't let that happen so easily... they approved mine...but they didn't approve my wife's....so, I am still waiting....just half way through....

    here is some snapshots my long story....

    EB3, India

    Labor PD: 10/18/2001 [ my own labor, NOT A SUBSTITUTE ]
    I140 / 485 ND: 11/13/2003
    I140 AD: 04/2004
    FP1: 12/2004
    stuck in Namecheck till 6/2006
    Xfer VSC to TSC: 3/2/07
    FP2: 5/9/07

    Status of case since then:

    6/4/07: All ready for approval, waiting in queue
    6/5/07: Assigned to an officer
    6/27/07: Officer on leave, reassigned to another officer
    8/6/07: Case waiting to be assigned to an officer ??? wtf ???
    8/13 - 8/17: Contacted everyone mentioned in this board, this isn't my first time...just the n-th time....

    8/19 - Sunday 5:56pm - actually this is the MOST important event. So, I shall never forget the time. I received a call in my home phone from extn. 1202. The gentleman with a 50sh voice, identified himself as an officer from USCIS. He mentioned that he is aware my case is stuck and wanted to know all details that I have been complaining about. After hearing everything from me and my wife, he looked into some stuff in his system. He particularly looked in details to whom my cases was assigned to....finally he apologised and told me, probably my case was assigned to AN OFFICER WHO IS NO MORE WITH USCIS FOR SOMETIME...phone call for around 48 minutes...
    he apologized again and told me that he would inform Texas Center that there are cases assigned to this person who is not with USCIS anymore...

    8/21 - 8:01 am - I got only one mail from CRIS "Approval Notice Sent for I485"
    ...don't know when I would get the "Card Production Ordered" and "Welcome" mails

    Well guys, did you notice the flurry of approval today?...mostly old cases....does that have anything with my Sunday's phone call?.....I am guessing so...

    My wife's cases didn't get approved since it is with another officer...hope to get that one soon...

    All the best to everyone in this forum....I hope lot's of more approvals to come in September....
    __________________
    EB3 India
    PD: 10/2001
    I-140/485 - ND - 11/2003
    I-140 AD - 6/2004
    I-485 - Transferred VSC to TSC - 3/2/07
    FP1 - 12/24/04
    FP2 - 5/9/07
    6/5/07 - Case assigned to an officer
    6/27/07 - Officer on leave, case reassigned to Another officer
    5th EAD AD - 7/26/07
    SR raised on - 6/11/07
    Reply on 7/26/07 - Complications lead to additional Reveiw - 6 months
    I-485 - AD: Never





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  • vin13
    12-08 05:00 PM
    Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?



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  • IneedAllGreen
    09-21 02:31 PM
    Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.

    On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)

    In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.

    Good luck.



    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks





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  • flresident
    09-05 02:46 PM
    I had got RFE email on 8/28/08. I got the letter today in mail.

    My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.

    Has anyone else had similar issue?

    Thank you in advance.

    Probably what you need is an affidavit confirming your mother's both names.
    That's my opinion.



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  • bijualex29
    03-24 12:31 PM
    If Total 290000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 43500 43500 101500
    India NMT10% 29000 29000 29000

    This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?

    If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.

    Total 770000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 115500 115500 269500
    India NMT10% 77000 77000 77000

    I may be totally wrong here. Please clarify me if I am wrong

    Am I missing something here? Please clarify





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  • CaliHoneB
    05-05 02:08 PM
    My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
    http://immigrationvoice.org/forum/showthread.php?t=600

    The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.

    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600



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  • delhiguy
    07-02 03:42 PM
    USCIS taught me a lesson about life.

    Never go by rules. Find shortcuts.

    So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut





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  • smartboy75
    11-05 01:35 PM
    hey gcseeked2002...

    There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....



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  • smartboy75
    08-14 02:48 PM
    Another bizzare behaviour with Renewal of Efile EAD....

    My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...

    God come down to earth and save us from this atrocity....





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  • anukcs
    02-17 09:06 PM
    I got fingerprinting notices for both me and my wife within couple of days. I received mine today. For both of us it is scheduled on 3rd March.

    Regards,



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  • mk26
    05-24 09:14 AM
    Nobody wants to 'predict'? Or people are interested only in seeing the real data!
    click below to find information you reqested:
    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-63.html





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  • h1bnogc
    08-28 10:52 PM
    When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.

    I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).

    Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.

    Have a safe trip..

    sbay2006: Could you please share your experience during secondary inspection? thanks!



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  • pandu_hawaldar
    05-10 10:07 AM
    applies to me too, as I came in this thread to read this post :D


    Thanks. I have fixed the typo.


    .





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  • milind70
    11-06 12:49 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance

    You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.





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  • whattodo
    07-09 10:53 AM
    What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?

    Thanks

    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice





    chakdepatte
    05-18 10:08 PM
    what are we waiting for. for Chinese bhai to win the case and take EB3-I unused visas ? lets join and file another India EB3-I lawsuit. best way to be heard. ........squirrel.......





    GCard_Dream
    08-20 06:49 PM
    I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.

    I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?

    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC



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