Tuesday, June 14, 2011

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  • ilanbenatar
    04-25 11:29 AM
    Hi "Domino",

    I read your question and was wandering what path did you choose.
    I am currently under the same process and conflicted on weather to apply for an O-1 or an EB1-EA green card.

    I am a film editor and my case is not a very strong one so I'm contemplating the pro's and con's of both options.

    It will be great if you could tell me about your experience.

    Thanks,
    Ilan





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  • India_USA
    09-14 09:20 AM
    can you update your profile?





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  • shirish
    09-15 11:43 AM
    It still says Aug 15th. I don't think they will release it yet.


    USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.





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  • ranahosur
    07-29 03:08 PM
    Thanks for the all the replies.

    I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.

    Thanks for all the replies.

    Thanks
    Raghu



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  • morchu
    04-23 03:04 AM
    Focus on your goal. Emotions may not take you there.

    If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

    It is your choice. And yes you can file legal case against law firm. But then what?

    Hello All,
    My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
    Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

    Thank you
    Ravi





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  • vdixit
    04-22 03:09 PM
    Hello,
    My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
    Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
    I am a little worried, should they be waiting until the visa arrives or make a move now?
    Has anyone faced this issue and if yes any advice on how to correct things.



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  • sam_hoosier
    11-27 04:30 PM
    My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?

    Pls help.
    Thanks.

    Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.





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  • sunny1000
    05-10 04:29 PM
    Hi all,

    I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.

    When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).

    Did anyone get an appointment successfully ?

    The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.

    Can anyone please help me out and guide me through the process.

    Thanks in advance

    Amul

    If I remember this right, you cannot block the date until you "submit" the application, not "save" the application. I think you have to click "next" until you go to the appointments page after you have completed all you DS forms.

    Again, this is from my memory and it is getting old. So, take it for what it is worth.



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  • xbohdpukc
    09-25 02:45 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.





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  • vidyakulkarni
    02-05 06:26 PM
    what is OCI??



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  • godbless
    07-18 09:08 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.

    As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.





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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)



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  • gccovet
    09-25 10:57 AM
    good one!!!

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  • gsiskind
    05-11 09:55 AM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

    As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

    As for processing times, generally estimate 60 to 90 days on employment cards.

    Regards,

    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604

    Email: gsiskind@visalaw.com
    Web: www.visalaw.com

    Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.



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  • pappu
    10-11 12:30 PM
    The intent is to keep the issue of immigration alive till the elections so that there is a chance for any Immigration bill after elections. There are several other pressing issues faced by the nation and Immigration is just one of them. It may not be #1 priority now. The lameduck is very important if something needs to be done on Immigration. The results of Nov elections will also influence what kind of Immigration reform is possible. There is also pressure on the President to act on such national issues. Read Obama Is in the Jaws of Political Death: Can He Survive? - Yahoo! News (http://news.yahoo.com/s/time/08599202471800)





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  • aquarianf
    01-08 10:07 AM
    in NY/Nj area QA rates are really getting down. Last couple of weeks I conducted few interviews and found that people are ready to work at $25.00 and some non-experiences candidates offered their services free for couple of months to just gain some real experience.



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  • reddog
    06-25 01:09 PM
    Me and my group of friends have used this method and the photos look better than the Walgreen/CVS ones. And they are already on US passports/other stuff.

    http://www.dpchallenge.com/tutorial.php?TUTORIAL_ID=22 Photoshop/GIMP required.

    Another cheap place is Sams Club, if you dont have a digital camera(pun intended) they give 3 photos for 5 bucks.





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  • conchshell
    07-16 11:11 AM
    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.

    Please note, it means that USCIS has touched a case till the mentioned date. It does not mean that they have processed all cases before this date.





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  • windycloud
    07-24 04:30 PM
    Difficult times also present opportunities. Anyone who can start it, especially in EB2, can really benefit from the timing simply because there are MUCH fewer people going for it these days for different reasons. Wait till everything turns rosy again and you'll find yourself among hundreds of thousands of fellow GC pursuers. Sitting in the huge PD2011 queue while watching PD2008 - 2010 people getting fast approvals won't be fun.

    The best time to start GC process is always yesterday. And if scrutiny is the concern, let's face it, there is not a good time for it. It's always worrisome until you get that card.





    Houstonguy
    04-24 11:56 AM
    Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.

    The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.

    Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!

    My $200.00 is on its way.





    rajeshbillabong
    09-24 09:08 PM
    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.

    OK ... what is your solution ?



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