Monday, June 13, 2011

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  • mchundi
    12-17 08:42 PM
    Most of the states had processed RIR cases till May 2002. N.J (05/2002) and
    NY (10/2001) before all the applications were sent to BEC. So most of the
    Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.

    It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
    causing these delays. How many percentage of EB1 , EB2 , EB3
    (Employement Category) applications might be in this process. ? If there are
    less number of applications then Processing Dates may move forward to
    2002 / 2003 for India.
    Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
    If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
    Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
    What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.





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  • chantu
    02-28 08:40 PM
    Hi,

    Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:

    Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.

    Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.





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  • saxx
    01-19 08:33 PM
    I get a security warning.





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  • jsb
    10-21 11:30 PM
    ...
    ...
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current....
    IK

    You don't add your wife's name to your I-485. She sends her own I-485. Of course, she can only send it in a month when your PD is Current. She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.



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  • foobar2001
    11-14 02:17 PM
    i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
    Can anyone confirm this?

    best,
    -andy





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  • rb_248
    10-26 12:39 PM
    Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.



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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.





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  • msp1976
    12-22 03:42 PM
    How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.

    Kinda imperfect science...
    Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....



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  • fromnaija
    07-11 12:36 PM
    Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.

    Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?

    Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.


    Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!





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  • ramus
    06-11 07:40 PM
    This is not good statement.
    He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
    We need more members and we can't run away our members with this kind of language.


    Cut this crap of being positive!!!! A fool is a fool!!!



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  • bluez25
    07-22 04:57 PM
    I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.

    Can any one tell when will the visa number assigned to the CP case?

    The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.

    Any insight would be appreciated.





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  • Pagal
    12-09 10:54 AM
    Hello,

    The campaigns are never wasted ... agreed that we are small in numbers, but it is all the more reason to strengthen the campaigns.



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  • jettu77
    05-27 03:15 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.





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  • sands_14
    03-20 05:12 PM
    Doesnt matter.
    Past experience shows that finally it doesnt matter.File in the category u r eligible for.



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  • webm
    05-21 08:22 PM
    Is it 120 business days or just week days?

    Its just = 120 in advance from your current EAD expiry..It doesnt matter with business days.





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  • ss1026
    09-25 09:17 AM
    Thank you "boreal" for the answer.

    Another question.
    If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
    Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?

    Do any one has answer for this? Please respond

    GC4ALL

    I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand

    You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.

    Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding



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  • abheja
    08-25 10:47 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.





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  • sajimm
    03-04 09:18 AM
    This is going to impact lot of people.

    Here is the link to the actual memo.
    http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf





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  • bijualex29
    03-24 12:18 PM
    That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
    I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.

    Can some one share there light on it please.





    teky
    11-12 03:57 PM
    Vancouver stamping experience (Oct 2009):

    Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.

    We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.

    One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.

    After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.

    I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.

    The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.

    Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.

    We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.





    rrk
    03-18 11:48 AM
    If I work on EAD for company XYZ then will I loose my H1B with company ABC?

    If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
    Otherwise you have no other option than using EAD.