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  • rajuram
    07-13 12:55 AM
    GTS = go to sleep





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  • siddar
    11-09 04:38 PM
    So hypothetically:
    person has approved 140 from comp-A but moves to comp-B
    A revokes the H-visa and 140.
    The person can still extend for 3 years, through B using the approved 140 (from A).
    This can continue till the day the persons PD becomes current?

    It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?

    However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??

    If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.





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  • Aah_GC
    07-11 05:01 PM
    You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!

    PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now


    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.





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  • martinvisalaw
    07-31 05:39 PM
    My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?

    It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.



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  • anilsal
    12-14 09:53 PM
    Most of the congressmen hold town hall meetings. This is their method of meeting with constituents.

    This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.

    Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.





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  • jsb
    10-24 04:04 PM
    Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.

    My receipts starting with SRC0800xxxx are still not in the system either. It is told that it takes a few days to get them in the system.



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  • canleo98
    01-11 06:44 PM
    As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.

    Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.





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  • whitecollarslave
    02-24 02:29 PM
    For those who think that this is good and will not affect them -

    What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.

    If we don't do anything, illegals will be citizens while people with H-1 and even EAD will be forced to go back. This is the beginning of the end to employment based immigration.



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  • Rav!
    10-02 02:25 PM
    Hello all,

    I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

    LC and I140 have been approved...so wanted to apply for a 3 yr extension.

    My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

    Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

    As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

    Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

    Can a LCA be reused? Is it a valid/legal thing to do?

    Any and all help in obtaining an answer for the above questions is really appreciated.

    Thanks.





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  • maximus777
    10-27 04:18 PM
    Last week I had the unfortunate experience of being "let go". This is my current situation:

    EB-2 India PD July 2008
    I-140 approved in April 2009
    Currently on 7th year of my H1-B which is valid till May 2013.

    Now the question I have is, if I were to transfer my H1-B visa to some other company (non consulting fulltime role), will I get an additional 3 years extension, i.e., till Oct 2013 or will it be only till May 2013?

    Greatly appreciate any thoughts here. Thanks!



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  • redcard
    09-01 08:57 AM
    I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
    Please reply its kind of urgent for me.

    Thanks.

    Yes,, that's true. You dont need to wait for the USCIS Receipt.. the Fedex delivery receipt is enough for you start working...but it is considered safer to wait for a week before you start working.. because USCIS would have banked the check by then for the fees and that usually the check would have the receipt no on the back.. but again you dont have to wait for this..the fedex ack is enough to start work





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  • aroranuj
    09-09 11:20 AM
    Hello Everyone,

    It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
    --------------------------------------------------------------------------
    BACKGROUND & TALKING POINTS
    --------------------------------------------------------------------------

    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
    Please use the instructions provided below to make the phone calls.

    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

    2) If they are not available leave a VM for them -

    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    To Democrats: More people will be able to get their citizenship in reasonable times.

    To Republicans: Companies will be able to attract more talent which improves economic performance."

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.

    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
    support.

    The list of key representatives along with their contact information is provided in this post.

    --------------------------------------------------------------------------

    If asked please say that you are a member of Immigration Voice.

    -------------------------------------------------------------------------

    If the staffer ask - "did you call the representative in your area", say that -

    "Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."

    Democrats

    Zoe Lofgren, California (202) 225-3072
    Sheila Jackson-Lee, Texas (202) 225-3816
    Maxine Waters, California (202) 225-2201
    Bill Delahunt, Massachusetts (202)-225-3111
    Robert Wexler, Florida (202) 225-3001
    Linda T. S�nchez, California (202) 225-6676
    Steve Cohen, Tennessee (202) 225-3265
    Hank Johnson, Georgia (202) 225-1605
    Betty Sutton, Ohio (202) 225-3401
    Luis Gutierrez, Illinois (202) 225-8203
    Brad Sherman, California (202) 225-5911
    Anthony D. Weiner, New York (202) 225-6616
    Adam B. Schiff, California (202) 225-4176
    Artur Davis, Alabama (202) 225-2665
    Debbie Wasserman Schultz, FL (202) 225-7931
    Keith Ellison, Minnesota (202) 225-4755
    Tammy Baldwin, Wisconsin (202) 225-2906

    Republicans

    Lamar S. Smith, Texas (202) 225-4236
    Jim Sensenbrenner, Wisconsin (202) 225-5101
    Howard Coble, North Carolina (202) 225-3065
    Elton Gallegly, California (202) 225-5811
    Bob Goodlatte, Virginia (202) 225-5431
    Steve Chabot, Ohio (202) 225-2216
    Dan Lungren, California (202) 225-5716
    Chris Cannon, Utah (202) 225-7751
    Ric Keller, Florida (202) 225-2176
    Darrell Issa, California (202) 225-3906
    Mike Pence, Indiana (202) 225-3021
    Randy Forbes, Virginia (202) 225-6365
    Steve King, Iowa DO NOT CONTACT
    Tom Feeney, Florida (202) 225-2706
    Trent Franks, Arizona (202) 225-4576
    Louie Gohmert, Texas (202) 225-3035
    Jim Jordan, Ohio (202) 225-2676



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  • life99f
    05-25 09:23 AM
    Sorry, I read the one in Washington post and I DONT think it is against us. It points out some US people don't like legal immigrate but it also shows why US companies need foreign high-skilled workers.





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  • gcwanter
    07-02 10:01 AM
    All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.

    I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..

    please ignore such people..or else these threads keep lingering on top..which they dont deserve



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  • whitecollarslave
    02-26 01:50 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==

    Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.

    ... so whats your confusion?





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  • SunnySurya
    08-15 12:59 PM
    I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
    ************************
    Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.

    If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.

    The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
    Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
    I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.

    Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
    ***********************************



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  • EB2ToEB3
    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.





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  • kanshul
    02-01 10:42 AM
    Your EB3 date (dec 2004) will not be current for the next 12 years, check the link - when will I get my GC on the front page for this site.





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  • chanduv23
    09-29 11:50 AM
    09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638

    * Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
    * Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.

    What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.

    Its kinda confusing and really not that big or sensational.





    GC9180
    06-03 08:05 AM
    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
    source:http://immigration-law.com/


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc





    EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:



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