Wednesday, June 29, 2011

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  • jasmin45
    08-03 03:53 PM
    The 485 papers due to the rush for July 2nd. So looks like it is normal huh!!!

    Can someone clarify if it is normal for attorney's to sign the 485 papers?

    Thanks
    DD
    If you signed G-28 and authorized Attorney to do that, yes they can sign the application on behalf of you and send it.




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  • rajuram
    12-31 03:06 PM
    Will the core team be sharing their strategy for 2007 with the members?




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  • gkopparam
    02-12 03:39 PM
    graduated with a MS in Computer science in may2007.
    i applied to another university and got my sevis transferred to do my MBA there.
    i have done 11 months 20 days of full time CPT at the previous university(where i did my MS).
    am i eligible for another full time CPT at my new university where i have started my MBA (from jan 21st 2008)?

    the international students service at my previous university is saying "i am eligible for 12months of full time CPT for every educational level, and i cannot get another 12 months if i do MBA because it is a masters degree too".
    please suggest.
    thanks




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  • dan19
    01-11 04:13 PM
    Try for next year. Apply in April itself!

    Guys:
    Does anyone know what is the current count on H1-B Visas left for the year 2006-07 ?

    I know I may sound stupid and probably the answer is that it is already complete, but wanted to confirm.

    Also, when would the next years quota become available and when can one start working at the earliest ?

    Is there any other way to file for H1-B now and work..?

    Thanks



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  • patiently_waiting
    09-11 05:07 PM
    ;)




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  • nousername
    01-19 03:01 PM
    Sorry to hear about your situation. You are out of status the minuet you lost your job and the 180 days clock has already started ticking i.e. out of status for more then 180 days and still in the country may result in 5 yr entry ban.

    I don't want to scare you but just sharing the law details.

    Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.

    Also, hire a good attorney if you can.

    Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.

    Also, you might want to look at student visa or visitor visa to maintain your legal status.

    Good luck

    Do you have any idea about the other legal options in terms of immigration i might have.?



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  • benbear
    10-03 08:18 PM
    http://www.lewslaw.com/US_Immigration_Updates.htm#10022007a

    At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.

    Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.

    Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.

    USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.

    A Biometrics notice will be issued even if a visa number is not available at the time.




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  • Ramba
    10-29 06:19 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.

    First, employer or his agent only reply to RFE, not your friend.

    Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.



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  • chanduv23
    09-30 10:33 PM
    Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.

    The intensity of denials is on rise now and also intensity of 140 withdrawals from ex employers is on rise.




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  • saurav_4096
    03-26 05:21 PM
    I want to extend the stay for my Parents for few months. They are on visitors visa. I am aware that I need to file form I - 539 for this purpose. I am not sure what reason should I specify for extention?
    If some one had done extention for visitors visa in past please, I would appereciate your help on this.

    Thanks
    Saurav



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  • tom
    03-13 06:05 PM
    The anwser for your new question is already answered by ashkam.

    You don't need EAD to study. EAD is for working.




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  • vikramy
    05-29 11:19 AM
    My Wife got an RFE on her Medical. Her RFE is

    A review of your file indicates that you submitted a medical examination completed by designated civil surgeon. however, the civil surgeon failed to complete the immunizations supplement to Form I-693.

    Please return to the civil surgeon so that civil surgeon can administer appropriate vaccinations.
    I know she did not take Measles Vaccine as it she was pregnant that time.

    My wife is currently in India. My questions are

    1) Does she need to go through complete medical examination again? will it be enough to just send documentation regarding missing vaccine. (There is no info given in RFE regarding what is incomplete)

    2) can she do any thing about medical exam in India. I mean can she get a certificate from India?

    3) can we ask for additional time to respond to RFE? If yes is it Advisable and safe? How much additional time can be requested?

    4) If she has to travel back, she has to travel on AP as My H1 transfer is pending. So my question is what happens if her H4 gets approved before she comes here. Does she need to apply H4 again?

    5) If my H1 transfer does not get approved till she comes back, My understanding is, once H4 gets approved it automatically overrides Parolee status. Am i correct?

    6) while coming on AP what documents she need to carry. Does she need to have My employement letter, any thing else?

    I appreciate any help about my questions.



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  • captain_insano
    05-25 10:33 AM
    Choose Option (B)




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  • drirshad
    09-12 06:30 PM
    US Consulate in Belgrade posted dates for Oct 06

    http://belgrade.usembassy.gov/consular/iv.html

    This is specific to Belgrade, dunno about India/China

    Says:

    EB1/EB2: Current

    EB3: 01MAY02
    Edit/Delete Message



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  • gc_discussion
    02-27 10:15 PM
    Now working on H1b, 8th year
    PD: Oct 2005
    I 140: approved
    I 485: pending
    AP, EAD: approved

    I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.

    I would appreciate replies.




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  • AJT
    07-06 10:41 PM
    Dear Core Team,

    Can you please indicate on the site if there are any bills (pending or otherwise in both the house and senate) that can get renewed focus or revived that would offer some sort of relief to the current situation of unavailability of visa numbers in the employment based green card process. I strongly feel that the current momentum and attention being drawn by the DOS/CIS update can be used to urge congress to pass some interim measure outside of CIR. That is where in my opinion should IV's focus be at this juncture. If and when you post anything on the site, i and other IV members i'm sure shall begin calling house reps. and senators to urge them for bringing the bill to the floor so that it provides relief to hundreds of thousands of legal immigrants.

    Thanks!



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  • kumarc123
    12-04 07:32 PM
    INteresting news on Times
    http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms

    Should we contact her for GC backlogs also....IV core can comment!!


    Great Idea!
    I believe, we should contact her office, maybe try to sending some faxes or calls.


    Are you attending the Rally? Please do, it is important for EB community.




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  • looneytunezez
    10-27 02:40 PM
    Apparently, NSC doesnt have enough applications.....can they start looking into visa recapture????

    Business slowing at Lincoln immigration center (http://journalstar.com/news/local/article_df5c958e-c27f-11de-89da-001cc4c03286.html?mode=story)




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  • kushalkh
    12-04 08:04 PM
    Hello,

    I am currently working on OPT. My company has just applied for my H1B visa. Assuming it gets approved in 2-3 months time (i.e. in March), when can i have it stamped? Can i go back to my home country to get it stamped in April or will i have to wait till 1st Oct 2011 to get it stamped?




    little_willy
    10-07 08:12 PM
    Hi,

    My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?

    Thanks for your help!




    pnagar
    12-05 08:35 PM
    Guys, my details are:

    PD Apr'07 EB2
    I-140 Filed May'07, pending
    I-485 Filed Jul'07


    Please help me with:

    1) Assuming 140 is approved before changing the current job under AC21, what are the things the new firm has to file. Does the new firm have to file 140 again? I presume that labor and 485 stays intact..pl help folks.

    2) I will complete 6 mths of 485 filing in Jan-08. If 140 gets approved around Jan-Feb'08, is there any risk if I change my employer after that under Ac21. Does it hurt if the present firm withdraws 140 after approval?


    Sincere thanks in advance.

    nagp



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