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  • krishnam70
    03-25 07:55 PM
    -

    Are you serious? Is this a serious question? why did u edit all your posts?

    - cheers
    kris




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  • GC_quest
    05-25 06:32 PM
    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!




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  • a_yaja
    09-09 12:30 PM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,

    As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
    Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.




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  • prp925
    04-13 06:10 PM
    Are you EB2?

    Hello IV Freinds,

    I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.

    I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.

    Good luck to all IV members who are still awaiting for good day to come.

    Thanks,



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  • supender
    12-28 07:55 AM
    Thanks




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  • katewill
    08-18 01:51 PM
    maybe traditional 140 go back in line? likewise how PERM caused BEC?



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  • chakrijs
    02-15 09:12 AM
    Hi rvr_jcop

    Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.




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  • ajay
    01-26 11:41 AM
    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.
    You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
    I did it and am getting all correspondences from the time I changed to my new address.



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  • sent4dc
    08-25 08:36 PM
    Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?




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  • Jaime
    09-06 04:14 PM
    Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:

    "UK Plan to boost immigration from India"

    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India



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  • Shivani
    02-23 10:54 AM
    Hello Sir,

    I'm in H1B visa, so also my husband.

    In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:

    - transfer my status from H1 to H4? have all pay stubs in tact.
    - return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?

    Please let me have your views on this. Highly appreciate a speedy response.

    Thank you in advance,

    Shivani:confused:




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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...



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  • saps
    01-26 12:42 PM
    Very helpful.




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  • sushilup
    08-19 03:50 PM
    Rajarao,

    I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
    Did you c a update online or you just recived the RFE with no online status change.
    Good Luck to you.
    Thanx
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


    --------------------------------
    EB2- India/
    PD: June 2004
    RD; July 1 2007



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  • a_yaja
    06-05 10:12 PM
    Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".

    Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?

    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.




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  • sreeanne
    01-01 01:47 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree



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  • krishnam70
    06-11 05:13 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers
    kris




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  • amitga
    12-09 07:02 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.


    Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.




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  • hebbar77
    08-13 01:09 PM
    Hi,
    I have same case.
    X:EB2-I-140-PD DEC 2004 approved JAN 2008
    Y: EB2-I-140-PD DEC 2007 approved July 2007

    485 filed on Jul2 2007 with Y I-140

    On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.

    Still no LUD on I-485/I-140...
    Anyone knows how long it takes for such cases?




    Almond
    07-17 07:53 PM
    ALMOND if i keep on asking you what is your name every single day , will you have patience to tell your name every single day !!! i understand your argument but as the so called "Highly Skilled" we need to be doing some research in background and not treat this forum as a paid service.

    Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.




    GCwaitforever
    05-22 04:01 AM
    This is from the immigrationportal. To report fraud/abuse/Government-contractor waste, use link http://judiciary.house.gov/reportfraud.aspx

    I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.

    Please flood Congress with your concerns and expose Exceed Corporation.



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