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  • venky08
    07-28 05:07 PM
    quite interesting find...do you have a reference?


    Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.




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  • GCNaseeb
    11-04 10:46 AM
    Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:

    http://immigrationvoice.org/forum/showthread.php?t=13522




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  • Winner
    05-16 09:56 AM
    Left voice mails




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  • rajenk
    10-11 01:11 PM
    Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.

    Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.

    Renewing your H1B based on the revoked I-140 would be risky.



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  • kaisersose
    12-07 12:19 PM
    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question

    I have my EAD for a rainy day.

    In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

    The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

    Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.




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  • san3297
    06-29 05:34 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.



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  • nixstor
    02-23 02:33 PM
    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

    Shirish,

    I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.




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  • eilsoe
    10-03 01:41 PM
    Yes... someone should start a SPAM thread...

    to let off some agressions that is...


    ahh what the h*ll.. we answered his question in the beginning...



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  • Student with no hopes
    05-12 09:21 AM
    Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
    Please send him emails.



    Dear Senator Leahy,

    This is regarding recent hearing from USCIS Director Mayorkas and his response
    to issue of backlog.

    The issue of immigration backlog is a ubiquitous one ranging from family to employment.
    Employment being really the big issue with 1-2 million legally working applicants waiting
    to get greencard.

    It is surprising that Mayorkas is not aware of this Burning situation faced
    by a million plus legal applicants and that he needs to consult the experts. I wonder
    if senate is interested in doing anything better, other than settling in for such a
    mediocre explanation from the Head of USCIS.

    What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
    Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
    backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
    who are suffering first hand as result of such services of provided by USCIS :

    Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...

    http://www..com/usa-discussion-forums/i...

    USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
    Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
    gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?

    Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
    greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.


    God bless you Senator !

    Your's sincerely,


    Being a staunch supporter of IV, I did send a letter similar to Sen. Leahy. The IV analysis is good, not sure of the forum discussion - as there are so many different opinions - sometimes irrelevant. So, just sent it with the IV recommendations from their analysis. The only solution is for us is to be vocal and shed light on our issues.




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  • sagar_nyc
    06-25 09:45 AM
    Guys,
    i have question regarding my AP. My AP is valid Aug'09. I am going to apply for new AP soon. I am planning to go India in July. My question is Would it be ok if my new AP gets approved while i am in India? I will be using my old AP for travel. but do i need to be present in US when approval of new AP takes place. please advice



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  • Hope_GC
    03-12 07:48 PM
    Congrats




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  • rajeshalex
    08-08 02:18 PM
    hmm... Was your wife carrying while the medicals submitted?
    We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.



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  • gc??
    04-26 02:31 PM
    I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.

    It would be great if I get answer the below my Question:

    1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
    2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
    3. which one is best choice, like staying with employer B or going back to Employer A.

    Thanks for your help.

    Ram
    If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?




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  • satyasaich
    06-20 04:08 PM
    First of all,

    If i may ask, do you have valid visa stamp in your passport?
    If so, (and if circumstances permit), plan to complete your travel with in that validity.
    Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.

    Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
    OMG are you guys saying dont travel even in emergency situations?!!



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  • imh1b
    03-31 01:08 PM
    For once, I like what Grassley is doing.

    Not all L1 is bad
    Not all H1B is bad
    Not all consulting companies are bad

    So why are we behaving like crabs?
    Think from a perspecive of a legit L1 visa holder too

    To anti Immigrants even your greencard is bad.
    He will be happy if your greencard is made painful
    Will you rejoice then?

    What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?




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  • san3297
    11-10 01:52 PM
    Anyone came across this scenario...



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  • tikka
    08-09 08:18 AM
    U definitely and and will :)

    /\/\/\/




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  • WAIT_FOR_EVER_GC
    11-11 12:45 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL

    I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

    College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

    Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.




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  • pradeep_s
    12-21 02:11 PM
    Janilsal,

    I have a PhD, almost 4 years research experience. About 10 scientific publications.

    hi miguy.........
    Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.

    pradeep




    she81
    05-15 06:34 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?




    kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.



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