Wednesday, June 15, 2011

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  • newuser
    12-02 10:10 AM
    I had a similar issue six months ago.

    I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.

    Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.

    Hope you get the documents on time.





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  • lynchbaby
    03-09 01:08 PM
    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.





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  • satya1234
    03-29 01:05 PM
    Thanks for the reply. Yes H1 extension has been applied before I94 expires.
    But by the time H1 transfer applies, I94 got expired.
    Please let me know if you need any futher information.





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  • rolrblade
    07-27 02:21 PM
    You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

    But you are correct for RD :)

    I disagree. If his check has a date of less than 180 days, it will be cashed. He simply said the forms to be signed as of 1995.

    :D :D :D



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  • pratikgr
    08-09 08:55 AM
    Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.

    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.





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  • gc28262
    01-16 04:45 PM
    AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.

    If employer offers H1B transfer, use that and also invoke AC21.



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  • REEF�
    06-06 06:10 PM
    Oh I see it :). Evil is over it and too much grass covers it up.





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  • nat23
    11-17 01:43 PM
    I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.

    If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?

    If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.

    This scenario concerns me.

    When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.



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  • greencardvow
    08-03 07:12 PM
    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

    Reason: Employer didn't follow labor rules in paying for some of the other employees.





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  • greyhair
    09-08 12:54 PM
    Ban in private company out sourcing also is very much necessary for USA. These so called multinational companies are minting money and this is not benefitting any one except the higher executives and board of directors of those companies. and of course Politricians.

    PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
    Great OH, baan Private OS also.


    India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.

    One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.



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  • s_r_e_e
    08-14 12:07 PM
    Easy...

    Q6: What happens if an application is filed at the wrong Service Center?

    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • ashmeetk
    07-12 03:21 PM
    says you are exempt from cap if you held H1B status anytime in the last 6 year


    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help



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  • rb_248
    07-27 07:13 AM
    I tested it. It works great. Admins must consider creating a link for this on the main page of IV. Good job.





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  • reachinus
    09-26 01:52 PM
    I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.


    Hello,

    The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

    We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

    I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

    1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
    2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

    I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

    Thanks,
    SR



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  • CCC2006
    09-12 10:06 AM
    A friend of mine sent me this link to find ur status after the 45 day letter.

    http://www.pbls.doleta.gov/pbls_pds.cfm

    The site says : The backlog public disclosure system only accepts Case numbers beginning with either a D or P.
    Please enter the case number with all dashes.
    Where the # represents a number
    (e.g. P-#####-##### OR D-#####-##### ).

    Unfortunately I dont have the number and the lawyer is not giving it to me. If this can help u guyz please do use it.





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  • joydiptac
    03-17 02:31 PM
    I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
    Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
    He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.

    So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.

    B'Informed... B'Entertained...B'Khush
    www.bkhush.com



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  • clockwork
    02-02 06:51 PM
    I do not know anyone personal. My company uses fragomen and the lawyer assigned for my case sounds knowledgeable.





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  • USDream2Dust
    07-27 01:20 PM
    I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.

    when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)





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  • aranya
    07-03 10:26 AM
    agree with amsgc regarding H1 "transfer"

    AFAIK,
    1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
    2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
    3] Going out of the US while H1 application is pending automatically invalidates the application.

    Talk to a lawyer before you go.





    vxb2004
    11-25 01:24 PM
    Thank you very much for all your inputs. I hope everything goes well.





    EADplease
    08-23 03:01 PM
    I didn't file on July 5th but my attorney office says now they're receiving receipts for July 5th filers. Not sure if it's TSC or NSC...

    I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.

    I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..

    I didn't see much of filed between july'3nd through july '14th filings in this forum.

    -satish

    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?



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