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  • gc_peshwa
    10-11 02:13 AM
    Thanx Rajeev!
    Pappu
    Does IV have a stand on this one?





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  • dupedinjuly
    07-10 02:48 PM
    http://www.deseretnews.com/dn/view/0,1249,680197801,00.html

    Workers feeling cheated by green-card reversal
    By Deborah Bulkeley
    Deseret Morning News
    A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
    But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
    Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
    For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
    Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
    CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
    "There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
    The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
    "Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
    But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
    "Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
    Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
    AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
    "We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
    Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
    Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
    "It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."


    --------------------------------------------------------------------------------

    Contributing: The Associated Press

    E-mail: dbulkeley@desnews.com





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  • GCard_Dream
    04-05 04:09 PM
    Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

    As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.

    I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.





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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.



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  • a_yaja
    04-23 09:08 AM
    I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.

    I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.

    I am novice in this area.
    If there are any other ways to find out, can anyone shed some light on it.

    Thanks.
    Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?

    If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).

    If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.





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  • meridiani.planum
    02-21 12:37 AM
    1. H1 (assuming in your H1petition you had requested a change of status from H4 to H1 and as part of theapproval you have a new I94).
    2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
    3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
    4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)


    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers



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  • vin13
    08-24 11:40 AM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.

    Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...





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  • srgadi
    07-21 01:23 AM
    Wont' redirection of US Mail work to forward these?

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.



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  • swede
    09-09 11:47 PM
    I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?

    Check under Lobby Day:
    http://immigrationvoice.org/forum/showthread.php?t=12749

    It says formal dress code or IV T-shirt. Both ok.





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  • sam571
    03-08 04:47 PM
    Hey Tiger ,

    are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
    Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...

    Thanks....



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  • boreal
    01-31 06:52 PM
    OH boy! USCIS has found a new way of harassing us legal immigrants ;) come on guys! Know how to solve issues. Begin by not creating a thread at IV for such issues. Talk to your utility company folks, see whats happening. Check with your landlord to know why the meter reading is so high..If they have already charge your credit card, dispute it...start by talking with real people on the phone or maybe visit the utility company personally...for God's sake dont show your ignorance like this and give more fodder to SOBs like Matt....please!!





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  • Bpositive
    12-06 04:41 PM
    Thanks guys...

    btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .

    "On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

    Trust the USCIS to make everything complicated!

    Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.



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  • Dhundhun
    11-21 06:11 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

    I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.

    If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

    Good luck





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  • WeShallOvercome
    07-31 12:13 PM
    Guys,

    don't worry.

    The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

    They can't age out children just because they sit on an application for 5 years...

    Relax..



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  • Ramba
    01-08 04:18 PM
    No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

    Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...

    Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.





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  • kondur_007
    05-13 01:34 PM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?

    The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

    It can also be done at 485 stage, but much easier to do at 140 stage.

    Make sure to insert the same A number that came with old I 140.

    Good Luck.



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  • jayleno
    11-19 05:18 PM
    I think its scary for people who filed their applications at NSC. Ofcourse like someone said scary for people with attorneys who are not members of AILA. :D

    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.





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  • rkat
    08-16 02:56 PM
    I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.

    A contracting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.

    Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
    4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    I greatly appreciate all your help ! Thank you!





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  • voicerj
    04-04 10:55 AM
    When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.

    If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.

    gc_on_demand - Thanks Man, i just forgot about CP. Got it ! Lost in my own world and hoping something works out this fiscal.





    sam571
    03-08 04:47 PM
    Hey Tiger ,

    are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
    Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...

    Thanks....





    arihant
    04-30 12:20 PM
    I140 filed @ Texas center
    Category: EB2- PD Dec 03
    Type: Premium
    Receipt date: April 17th
    Approval date: April 19th

    As you can see I got mine in 2 days through Premium. I had to do the premium to avail of the 3 year H1 extension. So, if any of you have your extension coming up, then do switch over to premium by paying the additional amount and you will probably get your approval in less than a week.



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