Wednesday, June 8, 2011

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  • kanaihya
    09-26 05:32 PM
    I called the lady IO to get the RN but no luck ..90 days wait ..go to sleep mode ..





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  • tonyHK12
    02-19 01:19 PM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.

    Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.

    @Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.





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  • amitjoey
    08-05 01:10 PM
    The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.

    On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.





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  • legalguy
    03-02 10:50 AM
    How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.

    TIA



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  • nrakkati
    01-29 02:09 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you





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  • nat23
    03-14 03:41 PM
    Thank you all for the responses.

    nat23,

    My mother is planning to come to USA during first or second week of may.

    Which city is she landing in the US? The reason I'm asking this is becuase my wife will be travelling from Bangalore to Detroit with my 4 month old kid.

    Do you think you can help out here?

    regards
    Nat



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  • bkarnik
    05-03 11:37 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.

    Sundar99:

    In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.





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  • GCDelay
    11-30 11:38 AM
    xxxx



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  • waitforgc1
    05-07 03:34 PM
    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.

    THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
    and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD

    Thanks





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  • nk2006
    10-16 03:56 PM
    Hi
    Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi
    Kambi,
    First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.

    I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.

    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.



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  • chanduv23
    08-07 10:52 PM
    and bump///

    ^^^^^^^^^^





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  • mrajatish
    04-17 03:41 PM
    Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.

    Mine, of course is languishing in BEC.

    The inefficiency of DOL is really incomparable - they are much worse than USCIS.



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  • zCool
    03-29 01:13 PM
    This is called RFE. If it's the "BIG RFE"
    they are nowadays asking for pretty much EVERY SINGLE PIECE of RECORD for past 3 yrs.
    All wage reports for ALL Employees, W2s for All employees, Client letters,
    Tax returns and whatever else they can think of. If you've gotten one of those BIG RFEs . then it may take some time





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  • velan
    05-10 08:28 AM
    Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.



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  • hiralal
    06-22 06:40 AM
    hi,
    from what I have heard TB can be deadly. (btw I am not a doctor). I don't know what your post means but if it seems that you do have some form (or mild TB or whatever) ..then do take advantage of the treatments that are available ..health is wealth (esp go for treatment if you have insurance etc)





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  • surge
    02-12 07:17 AM
    Hi everyone.

    i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
    in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

    PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
    will be very grateful.
    thank you.



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  • willgetgc2005
    07-31 10:47 AM
    Hi,

    My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:


    1) Can she change her status to EAD while her H4 extension is pending ?

    2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.


    3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?

    4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)


    Your quick response is appreciated. Thank You.





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  • Ramba
    10-05 05:01 PM
    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.





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  • pd_recapturing
    09-27 12:15 PM
    My application reached NSC (as per FedEx tracking) on July 24.

    My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.

    My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.

    USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.

    My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o

    what could be the reason??? This is killing me.
    Hey, Do not worry !! this is one of the most inconsistant processes , I have seen since long time. Just sit back and relax, it will come through. In my case, I applied on 24th July and got the case # from USCIS by calling them but check are still not cashed.





    shirish
    10-11 11:07 AM
    Don't worry abt the receipt date on the transfer notice. It is the date on which yor app was entered in the system, Your RN for 485 (which you have not received yet) will have the july 26th as RD and would have sept 26th as ND

    Hi Friends,

    We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

    I always thought the receipt date of my application is the day when our application reached the center.

    Can someone help explaining this....

    Thanks,





    casinoroyale
    01-07 11:51 AM
    >if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

    Ok, after using AP there are two ways in order to reinstate H1B status.

    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    This is based on what i read in immigration-law.com and again as per murthy office.



    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.



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