Sunday, June 26, 2011

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  • crystal
    02-04 02:42 PM
    You are right only if they dont want to use EAD after they come back. If they use EAD once they come back to USA, then they are back to adjustee status.

    Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.




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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




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  • BigMouth
    10-26 10:55 AM
    Thanks Masti for your response.

    Anybody else have any experiences from this year?

    Thanks.

    I got approval of H1 extension applied on Aug. 06...




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  • DSLStart
    12-15 12:51 PM
    jayleno: there is nothing funny about this situation so no need to make jokes on him. He just told him about sending wife to India, because that guys uername says Atul which hail from India and not srilanka or pak or bangladesh.

    Buddy,
    Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.



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  • uma001
    07-26 02:30 PM
    Go for GC , not career. You can get good career whenever you want, but you cant get GC whenever you want. Once you get GC you can apply for 150k job wherever you want, any company you want. With h1 you cant do that.




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  • prince_charming
    04-08 04:20 PM
    Hard stop at June 30th....

    Damm... missed by 2 days then :(



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  • rjgleason
    May 23rd, 2005, 06:11 AM
    Gary, I like all three but the first shot is my favorite.....DOF (on the first) is good, (the shrubs midway in the photo could be sharper) not great but quite acceptable and the polarizer makes the shot shine. Good work (on all three)

    Just noticed the first shot you had the AV at f/10.....I would have shut it down more.




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  • cptbaseball
    05-14 11:22 AM
    Hi attorneys,

    I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?

    Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???

    Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?

    Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?

    Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?

    Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?



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  • franklin
    09-23 02:42 AM
    FWIW - I never got any copies of receipts, just the numbers, from my attorney




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  • kondur_007
    10-13 03:09 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!

    I wore a T-shirt and Jeans; they did not ask me any questions.
    No need to be "formal"; especially if you are going for re-stamping or already living in US. When you go back to your home country, it is "vacation" for you and so you are normally going to be casual.
    Good Luck.



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  • sagar_nyc
    04-21 02:03 PM
    Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.

    Hi greeta,

    I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
    to your home country and cannot transfer your visa. If it's H1 you can always do that.

    If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.

    Good luck.

    Rgds,
    Kris




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  • masterji
    05-18 12:31 PM
    If this passes this will be awesome for Ph.D. graduates.



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  • xu1
    08-24 12:20 PM
    Interesting.. I followed the link and got the following numbers of EB AOS for China, India and World as a whole..
    I didn't look at the CP based EB numbers.

    It seems 2005 worldwide has used up all unused 2003 visa numbers.

    EB1 EB2 EB3 (excluding other EB3)

    2005
    CH 6,422 9,346 4,761
    IN 6,336 16,687 23,399
    TOTAL 66,344 43,412 117,156

    2004
    CH 3,939 6,686 4,190
    IN 2,998 16,262 19,962
    TOTAL 31,140 32,711 84,767

    2003
    CH 1,654 2,613 2,619
    IN 1,266 8,536 10,680
    TOTAL 14,700 15,604 44,555

    2002
    CH 4,239 10,518 4,684
    IN 2,820 21,310 17,428
    TOTAL 33,922 43,390 83,767

    2001
    CH 6,482 11,666 4,604
    IN 3,543 21,355 16,405
    TOTAL 42,997 44,949 85,438

    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • raghureddy
    03-18 04:08 PM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu



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  • hatighora
    07-30 02:54 PM
    I think there is a chance if the baby becomes a celebrity baby. If our babies become a hollywood star,sports star or a baby genius, there should be some possibility of getting greencard thru that baby, but with an ordinary baby chances are slim with the current immigration rules.




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  • chanduv23
    11-20 12:25 PM
    This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.

    Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.

    I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.

    only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..

    Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them



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  • leoindiano
    03-17 10:02 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.




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  • eb3_nepa
    04-13 09:56 AM
    People on here mentioned that there was a special provision for a a further 3 month wait for the director of immigration studies to examine it. Is that true?

    Now is 90 days a normal wait time, or is there something special in this bill?




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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




    anandrajesh
    05-04 01:59 PM
    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.

    You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.

    I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.




    mbartosik
    02-25 10:32 PM
    Pappu is right (on earlier post on this thread)

    To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.

    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.

    That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.



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