Tuesday, June 28, 2011

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  • Prashanthi
    05-20 05:29 PM
    You could have asked for the old I-140 priority date to be tranferred to the new I-140 at the time of filing the I-140. Now that the I-140 is already approved, it will be difficult to get them to make any changes on an approved I-140. Interfiling of new I-140 with old I-485 is possible once the visa number becomes available. The problem is that USCIS does not always acknowledge that they have done this, therefore you might be unsure if this was done or not. Some people prefer to file a new I-485 for this reason.




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  • Prashanthi
    08-13 12:47 PM
    All,

    My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.

    Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).

    Also, please can you specify the USCIS rule under which it is applicable?

    Thanks,
    M.


    You can apply directly for a 3 year extension based on your I-140 approval.




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  • snathan
    07-19 06:31 PM
    Hello,

    My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.

    Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.

    Thanks a lot in advance for your assistance in this matter!

    - abhisam

    Since you are using the AC21, your job must be in the same or similar category. It does not matter how much qualification/experience you have. The job requirement should need that. Since you are using AC21, there is no way you can port from EB3 to EB2 in the current job. If you want to go for EB2, you need to start from scratch and the job requirement really needs a masters.




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  • gcformeornot
    01-23 11:31 AM
    will not stamp visa if passport validity is less than 6 months.
    If you renew you will get your old passport back.



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  • manderson
    07-17 01:04 PM
    I wonder if there are any provisions in there that can indirectly help our backlogs as well? Text of bill: http://www.aila.org/content/default.aspx?docid=22907

    This has passed House and I was reading in Oh's site that President will sign it soon. Is it possible to throw in some indirect 485 backlog reduction provisions in there?

    Oh's report:

    07/17/2007: Passport Processing Meltdown to Receive Some Help from Retired Diplomats

    Currently, the department is receiving more than 1 million passport applications a month and holds a backlog of about 500,000 that have been pending more than 10 weeks, instead of the usual six to eight The Senate passed S. 966 bill late last month to allow State to rehire retired Foreign Service employees to staff overwhelmed passport processing centers across the country. Retirees now have little incentive to return because current law cuts their salaries by the amount of their pensions. The House yesterday agreed to the Senate bill and passed it yesterday which is likely to grant the State Department the flexibility to rehire retired and fully trained passport processors on a temporary basis to help existing processors manage the increased demand. The President is likely to sign the quickly. Read on (http://www.govexec.com/story_page.cfm?articleid=37485&dcn=todaysnews) (http://www.govexec.com/story_page.cfm?articleid=37485&dcn=todaysnews).
    Probably I am jumping the gun here but if I am not, hope this post won't hurt IV's agenda.




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  • cherl
    05-07 09:11 PM
    Thanks for your reply.

    What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?



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  • bijualex29
    09-07 02:09 PM
    I am no longer excited about this update.
    Buch of Bull- shit they give.




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  • satishku_2000
    12-06 12:38 AM
    If is an italian citizen he should not have any issues entering USA as visitor.

    http://travel.state.gov/visa/temp/without/without_1990.html#vwp

    The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are screened prior to admission into the United States, and they are enrolled in the Department of Homeland Security’s US-VISIT program.



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  • kiran_k02
    01-11 01:01 PM
    Rahul,

    I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
    My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
    My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.

    Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.




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  • lkapildev
    11-16 10:47 AM
    Yeah many people got the I-140 update who files in July. What was your PD on LC Sub? If you pD was too old then you would have got your GC by now.

    May be LC sub cases are jammed now.



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  • B+ve
    08-13 04:08 PM
    Gurus,
    My and spouse case have
    Priority Date - March 2004,
    Received Date - July 2nd, 2007
    Notice Date - Aug. 08, 2007

    My Kid's case has
    Priority Date - March 2004,
    Received Date - July 2nd, 2007
    Notice Date - Nov. 20, 2007 (As 08/23/2007 is the current processing time frame, my kid's Notice Date is out of current time frame)

    This is happened due to a rejection of my kid's 485 application initially during July 2007 fiasco due to the Old and New fee schedule implementaion of USCIS, even though we have remitted the correct fee.

    1) Do anybody know how USCIS will process our case?
    Like adjudicating my and spouse applications with out kid's applicaiton? Or none of the applications process?

    2) Taking an info pass appointment will do any favour on this case?

    3) Any other suggestions?


    Thanks.




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  • pcs
    06-14 01:44 PM
    pl. share



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  • shan74
    08-20 09:32 AM
    i am a july 2nd filer and i received notice for FP.




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  • s_s
    06-14 08:13 AM
    we applied labour from NY.Now it is with BPC Phily.P-date is june2003-EB2-still in process.this is our 9th year visa:rolleyes: .wat to do?



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  • radhay
    09-16 02:42 PM
    Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.

    It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.




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  • amsimmegrant
    06-26 02:02 PM
    i have working on h1b with compant A. i got a job offer from company B ( a consulting company) for a third party client. i sent company B my H1b tranfer papers . i didn't signed any offer letter or agreement with company b till now. company B filed LCA for me and before they field for h1B transfer , i changed my mind and informed company B that i am not going to join them. now company B threatning me that they will sue me for the damages and fees they spent and put a stay on me so that i can not work for any other employer while the case is in court of law . i have all my personal and other information with them as i sent them all the documents for H1B transfer. there is no offer letter and agreement signed between us and it was only verbal communication apart from some E mail exchanges and documents sent for transfer of visa. any body please advice does company B can create any problems or file any suit againt me . what are my rights ? i am still working for company A and don't want to get into any trouble..

    i have working on h1b with compant A. i got a job offer from company B ( a consulting company) for a third party client. i sent company B my H1b tranfer papers . i didn't signed any offer letter or agreement with company b till now. company B filed LCA for me and before they field for h1B transfer , i changed my mind and informed company B that i am not going to join them. now company B threatning me that they will sue me for the damages and fees they spent and put a stay on me so that i can not work for any other employer while the case is in court of law . i have all my personal and other information with them as i sent them all the documents for H1B transfer. there is no offer letter and agreement signed between us and it was only verbal communication apart from some E mail exchanges and documents sent for transfer of visa. any body please advice does company B can create any problems or file any suit againt me . what are my rights ? i am still working for company A and don't want to get into any trouble..

    thanks in advance for any advice ...



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  • 5fingers2infinity
    03-12 07:12 AM
    You are so fortunate. My priority date is May 2006, but my I-140 was only approved & received by NVC last January. We have similar question. I hope the statement from the FAQ of NVC (check http://travel.state.gov/visa/immigrants/types/types_1309.html) will help us.

    ---------------------------
    Why don't you have my case at NVC yet?

    When you complete a petition (I-130, I-140, etc.) for an immigrant visa you send it to Citizenship and Immigration Services in the Department of Homeland Security for approval. If the [B]CIS approves the petition they will send you a Notice of Approval (I-797) and then they will send the petition to NVC. There is a delay between when you get the Notice of Receipt and the Notice of Approval from CIS and also between when you get the Notice of Approval and when NVC receives the petition. After NVC receives the petition, we will create a case record and assign a case number. We recommend that you wait at least three weeks after you get your Notice of Approval before calling NVC if you have not heard from the Center by that time.
    ----------------------------

    Am I then safe to assume that the first approved petition to reach the NVC will be processed first? So between us, you go first!




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  • rsrikant
    09-24 01:26 PM
    there is no 140 processing update from texas... any idea why or what is the update??




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  • lee.cook
    August 10th, 2007, 11:34 AM
    Hello,

    Your question has already been answered, my father owns a D40x and does not support video mode.

    Haha - nice cartoon [Archive] - Immigration Voice

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    bestin
    10-24 08:16 AM
    Hi
    This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?

    i.e.
    My Name On

    FirstName MiddleName LastName
    SSN is : RAMAKRISHNA PRASAD BARU

    LastName FirstName MiddleName
    EAD is : BARU RAMAKRISHNA P

    Thanks and appreciate for your help in advance.

    Whats wrong with this.Ur last name is still Baru .In my old L2 EAD I see c,a b where c is my last name ,a my first name and b my middle initial.There should be a comma after your lastname in EAD card right?U r OK.



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