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  • p_kumar
    04-08 03:44 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006

    I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.





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  • sad_angel
    05-17 11:51 PM
    i filed i-130 for my husband ( he is not in the u.s ) and it has been pending for 20 months . 2 months ago they sent the file to the local office in L.A and 20 days ago they transferred the file to the NBC . is this normal plz :( ????





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  • gc_peshwa
    05-13 05:11 PM
    I am new here.Thanks I updated it .

    This is interesting news indeed. If you are real, (which I think you did confirm :D ) that means another interesting piece of evidence that Eb2 cutoff dates are going to move further into 2007 very soon.

    Trinity
    Dont worry. I think you should consult with another lawyer to assess whether you will waste that money.





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  • pjalan
    04-01 03:08 PM
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    Can't I myself respond to the RFE?



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  • pbuckeye
    09-02 02:04 PM
    [B]

    I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.



    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.





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  • roseball
    06-22 08:49 PM
    I got mine done at Samsclub.....$4.99 for 2 pics and 0.40 cents each for extra prints.



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  • hpandey
    06-09 09:10 AM
    Really sorry to hear about your loss . You do not need a visa to go back to India. Only to come in. The I-94 is important if planning to come back since you have to submit it while leaving to show that you left while still within the legal period.


    P.S - Can you change your subject line to " Stolen ..... " . There is no word called Thefted .





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  • Anders �stberg
    May 1st, 2005, 11:57 PM
    Thanks guys!

    I like that edit Fred! Make it a little more subtle and it would work really well.

    Re. dust; yes it was very dry, I was there for maybe a half hour but there was a thin layer of dust all over me and the gear. I don't like it when the teeth crunch on sand from the air. The dust adds to the shots though, much like fog.



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  • getrdone
    01-16 05:19 PM
    One more thing before you draft a letter take a look at the job description/qualification/experience required which is filed along with the
    labor certificate.

    if possible get those "experience required " in the experience letter from
    prvious employer to show that you had those experiences before you joined.

    Cheers !


    I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

    Can someone with an approved 140 please paste a format of the experience letter on this thread?

    Thanks!





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  • anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?



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  • rp0lol
    08-01 02:57 PM
    Guys,

    I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.

    Voter calls will always impact politicians...

    Lets keep the efforts on...

    Thanks


    Calling only won't help for our cause.

    Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.

    and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).

    Just my 2 cents.





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  • harsh
    11-10 04:15 PM
    Hi I am from Huntsville... This is a good place to get together. It will really help when we meet lawmakers if we can show that there is more than 1 person who is affetced by the retrogression. So if there are anymore alabama residents sign up.



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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.





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  • hiralal
    05-11 09:18 AM
    no comments on the above ..or a different / better idea ??



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  • eb_retrogession
    03-25 06:41 PM
    I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.

    Thanks





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  • san3297
    08-31 12:35 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.



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  • rajpatelemail
    11-07 07:05 PM
    Another group with help of IV, to suck the blood by sponsoring H1s...

    Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies

    Of course 20% will be real good with clean intentions.

    I bet...As i saw so many people in the same manner.

    My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS





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  • sagar_nyc
    08-10 05:01 PM
    may be he is not from india :D


    and.... my Mustang can fly if i put it in the reverse gear





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  • satyasaich
    12-03 04:12 PM
    To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.

    Correct me if i were wrong.
    Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
    Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?





    srinivas_o
    09-16 02:11 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





    logiclife
    02-16 10:31 AM
    California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.

    I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.

    Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".