Wednesday, June 8, 2011

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  • yestogc
    07-07 10:04 PM
    How can we know the status of 485, I mean is it pre-adjudicated or not ??

    Also what is this POJ method, can you please enlighten.





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  • stones
    06-30 10:14 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?

    Here are the details for my case

    * � I graduated in Dec. 2007.
    * � My OPT has started on December, 2007 (expires on December, 2008).
    * � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
    * � I received Notice of H1B approval. (I797A Notice Date June, 2008).
    * � H1B is valid from 10/01/2008 to 10/01/2011.
    * � I lost my job with Company A on September 18th, 2008.
    * � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
    * � I requested Company B to transfer my H1B.
    * � USCIS received my petition for a transfer on October 28th, 2008.
    * � My Transfer petition was pending with company B

    Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.

    Thank You, Please let me know if you have any questions.





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  • sledge_hammer
    06-17 10:22 AM
    For USPS deliveries:
    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    For private courier (non-USPS) deliveries:
    USCIS
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.





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  • gc_on_demand
    05-19 02:45 PM
    Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    bump



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  • mrane1
    10-26 02:12 PM
    Mrane and Lramni

    Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!

    I you say you are out of town on appt date do they ask for a proof?

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!





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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.



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  • kriskris
    07-28 04:39 PM
    I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.

    Also there is no FP for AP. We just have to mail our photos with the print out.





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  • gsc999
    11-17 04:09 PM
    I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
    --
    I am Indian too but I have to agree this post doesn't belong here.
    Diverts attention and divides members.



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  • usirit
    07-01 02:40 PM
    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:

    20K ...is that what it cost you so far ??? that is way too expensive ..
    I agree how can a poor laborer afford such fees ?





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  • pamith
    10-09 12:43 AM
    I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.

    I wish everyone gets their GC's sooner than later.

    Not really, it was well known that there is no movement expected in OCT, NOV and DEC bulletin, July, Aug and Sept are action months.



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  • HRPRO
    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D





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  • snallini
    05-23 11:34 AM
    I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.

    Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).

    Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?

    Thanks.
    please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
    Jc_gc



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  • immiguy
    07-18 02:16 PM
    Sorry for being Naive. What is the skill bill?





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  • pmpforgc
    09-28 10:52 AM
    Dear Members

    I seek your expert advise on following situation as my lawayer is not much clear on the topic.

    I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

    In this regards I need your guidance on following points.

    (1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

    (2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

    (3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

    (4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

    Your input will greatly help me in deciding about premium processing.

    Thanks



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  • dhesha
    12-16 04:29 PM
    Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08

    I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska





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  • mangelschots
    07-16 01:33 AM
    Is yours EB2?


    EB3 ROW
    PD March 2004
    I-140 filed Dec 2006
    I-485 filed June 25 07


    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
    Will have to wait another 2 weeks to know the facts.

    What happens on these dates (Jul 18 for Nebraska) ?



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  • cbpds
    08-05 02:23 PM
    Guys as gk_2000 said it does not apply to us
    Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)





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  • iv4gc
    07-29 02:15 PM
    permfiling,

    A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

    So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

    I believe this is the tack Company B lawyer is suggesting.

    Here's something I read on another lawyers website w.r.t. AC21:
    1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
    2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


    Thanks,





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  • scorpioduo
    04-17 03:53 PM
    I think you should be OK





    roseball
    07-28 03:10 PM
    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna

    I e-filed my AP renewal on May 25th, mailed the supporting docs the next day. TSC approved my AP on June 19th and I received the AP in mail on June 21st.





    goel_ar
    12-21 10:50 AM
    Do not ask us to send junk emails or sign some useless online petition though in your action item.

    lol - never.
    Just use available tools to educate people using simple terms. Using 6-degree rule we should be able to reach lots of people.
    -- My first idea is to use facebook to run a campaign - prepare a literature - 8-10 point about EB based immigration & everyone post on their facebook page ..with an easy click (if they support) for readers to post on their walls : posting on wall == supporing it. then see how many people support us .. idea is to reach the masses....

    thats it the initial plan...



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