aycy
06-09 09:17 AM
Guys,
Please update us on any NOF cases approvals. Just want to know how soon after rebutting to the NOF that an approval was issued. Thanks.
aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
Please update us on any NOF cases approvals. Just want to know how soon after rebutting to the NOF that an approval was issued. Thanks.
aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
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snhn
02-26 01:19 PM
"is it just waiting for the PD to be current?.
--Yes PD should be current,also your 485 RD should fall under the ServCenter 485 ProcessingDates as well..then you can expect something...
Congradulations. But what is iio, it is just a regular cutomer service agent. Can I call them and ask about my status, if so will it be the regular 1800 number. Also what do I need to tell them. A#....
Thanks!
--Yes PD should be current,also your 485 RD should fall under the ServCenter 485 ProcessingDates as well..then you can expect something...
Congradulations. But what is iio, it is just a regular cutomer service agent. Can I call them and ask about my status, if so will it be the regular 1800 number. Also what do I need to tell them. A#....
Thanks!
oguinan
11-19 05:26 PM
Aplogies about the lack of notice, but there will be a conference call to kick off the Northern California chapter on IV on Monday at 8pm PST. I will provide an adjenda before the call in order to keep everything on track. Please send me an email at ojguinan@gmail.com to recieve the dial in number and call details.
Thanks for your support,
oguinan
Thanks for your support,
oguinan
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amoljak
03-22 12:42 PM
Supreme Court has ruled that quotas are un-constitutional in college admissions because of the 14th amendment. They have also ruled in separate cases that 14th amendment applies to every person in the US, even the aliens.
So can we argue that establishing per country ceiling discriminates against people from some countries and violates Equal Protection clause?
Have there been such cases in the past? What does QGA think about this?
So can we argue that establishing per country ceiling discriminates against people from some countries and violates Equal Protection clause?
Have there been such cases in the past? What does QGA think about this?
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pappu
10-15 11:21 AM
Thank you for taking initiative in your chapter.
Another state chapter organized a conference call yesterday to discuss their action items. Such active action items will certainly help push the advocacy efforts we are trying to do.
Another state chapter organized a conference call yesterday to discuss their action items. Such active action items will certainly help push the advocacy efforts we are trying to do.
rkgc
11-06 12:08 PM
thanks everyone for their input, it has been really helpful so far.
more...
kcforgc
06-01 04:14 PM
I fully support this. I missed the bus in July 07 due to my company's lazy HR people and due to the over complication of things by the lawyer. It was delayed by almost 1.5 years.
My I-140 is approved in July 08 - but could not apply for I-485 due to retrogression.
After suffering all the pain, I'm laid off & Aug 31st is my last day. I will need to restart this painful process. Hence, I fully support this proposal. At least it will be beneficial to the people who are in a similar situation.
My I-140 is approved in July 08 - but could not apply for I-485 due to retrogression.
After suffering all the pain, I'm laid off & Aug 31st is my last day. I will need to restart this painful process. Hence, I fully support this proposal. At least it will be beneficial to the people who are in a similar situation.
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rayoflight
10-22 12:21 PM
You should put a disclaimer saying you were "Just Kidding".
Agenda is : How do we get convince congress and Administration so that we can get Greencards.
If nobody is interested in the above agenda, then we will divide all attendees into 2 groups of EB2 and EB3. Then the whistle will blow and fist fight starts for the next 2 hours. The last man standing gets his greencard on Monday.
Agenda is : How do we get convince congress and Administration so that we can get Greencards.
If nobody is interested in the above agenda, then we will divide all attendees into 2 groups of EB2 and EB3. Then the whistle will blow and fist fight starts for the next 2 hours. The last man standing gets his greencard on Monday.
more...
JoshuaJonah
07-22 11:19 AM
thanx dude;)
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go_getter007
08-15 08:36 AM
Folks, here are my details:
Preference: EB3
PD: 2003
Filed: July 23, 07 (I-140, 485, 765, 131)
Receipt #: Not received yet.:(
GG_007
Preference: EB3
PD: 2003
Filed: July 23, 07 (I-140, 485, 765, 131)
Receipt #: Not received yet.:(
GG_007
more...
unitednations
03-16 12:25 AM
My Wife has similar situation as you. We came back to US in Dec 2008 using AP. Her H1B is valid upto Jan 2011. However she got I-94 issued valid upto Dec 2009.
I checked with famous attorney and he said the following 3 options:
1. Apply EAD and convert to 485 Pending status after Dec 2009.
2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.
3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.
Hope this helps
Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.
USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.
If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.
#3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.
The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.
Most recent example was this:
Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.
Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.
Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.
She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.
Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.
It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).
There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.
I checked with famous attorney and he said the following 3 options:
1. Apply EAD and convert to 485 Pending status after Dec 2009.
2. Apply for new H1B extension by Dec 2009 as her I-94 expires by Dec 2009.
3. Go to adjacent country and get her visa stamp using her H1B and enter US using H1B visa. In that case her H1B is valid upto Jan 2011 and I-94 will be issued until Jan 2011.
Hope this helps
Famouse attorney is incorrect with regards to #1. Memo is clear and USCIS has clarified through AILA liaison minutes that the I-94 card expiry on advance parole doesn't mean anything.
USCIS mail room would reject h-1b filing in #2 scenario. Reason being that in the I-129; it asks what immigration status person is currently on. If person puts AOS (THAT is not non immigrant status) and puts expiry date of white I-94 card then you are declaring that you are not in non immigrant status.
If you put your current status as h-1b; even though you entered on AP but the I-797 for h-1b has validity date until 2011 and put expiry date of 2011 then mail room would reject it stating that you filed the extension too early.
#3 is very tricky. legally it should work. However, I don't know of one situation where it has actually worked. There is a disconnect between CBP (border officers) and USCIS benefits people. Of the thousands of people who enter on advance parole; most of them were on visa statuses which were not dual intent; therefore, if they have used advance parole in the past; the CBP officer will not allow them in their non immigrant visa. It seems that many of the CBP officers do not realize that H-1b is dual intent and a person can enter on H-1b if they have a valid visa even though they may have entered in the past on advance parole. You could try and try to talk them into it but they think they are doing you a favor by now allowing you in h- visa if you entered on advance parole because they think USCIS will eventually deny your 485 if you do so.
The first time I saw this happened about four years ago. A couple of people I know (indpendent cases) let their H-1b's lapse and 140 wasn't approved and they had entered on advance parole in the past. The 140 looked like it was in trouble and while preparing the RFE response, they filed h-1b (had to go consular route because they let it lapse); got the h-1b approved and went for visa stamping. When they tried to re-enter at the port of entry on h-1b; CBP officer saw advance parole stamp and wouldn't allow them to re-enter on h-1b. Person a week later then attempted another re-entry from a Canadian border point. That border also didn't allow him to enter on h-1b for same reason. Eventually, the 140 got approved so getting back onto h-1b was a moot point.
Most recent example was this:
Person is on H-4 going to school. She filed I-485 as dependent has EAD. Graudates from school and gets job offer with Deloitte starting in September 2008. Deloitte had filed her H-1b through quota in April 2008. She got h-1b approved with I-94 card effective October 1, 2008. Since, they wanted her to start in September 2008; she would have to use EAD in September.
Her husbands 140 wasn't approved and she decides to go on one last vacation to India prior to starting her career. She goes to India in June 2008 and gets H-1b visa stamping done in July 2008 and visa states person cannot enter on H-1b until 10 days before effective date of h-1b. However, she has to come back in September 2008 to work with Deloitte. She enters in August 2008 on advance parole and starts to work with Deloitte on EAD.
Now; they renew the EAD late and 140 still isn't approved. Deloitte tells her that she doesn't have work authorization. She confers with the immigration attornies and asks them what to do. She asks them if they can amend the h-1b petition and ask for I-94 card. However, they do not know how to do this (sometimes it sucks to use the big immigration forms becuase they usually only know how to do straight cases). They along with me, tell her that since she has h-1b visa, she just needs to go outside the country and re-enter and get h-1b I-94 card at the border. She goes to Montreal, spends one day there. When re-entering she shows h-1b approval notice along with visa. However, CBP officer sees advance parole stamp and will not allow her in on H-1b. She comes back to USA and is dejected and still can't work because no H-1b and no EAD card yet.
She asks what to do? She is told to go back to another border crossing the following week. This time she takes the Cronin memo about h and advance parole. She was at the border crossing for five hours; showing the memo; discussing that it is upto her of what status she wants to enter on USA and if she wants to come back on H-1b even though she entered on advance parole that they have to allow that. Everything, she told (she was coached on it pretty good) was all legal. However, they look at the cronin memo and state that it only covers the scenario of person changing from advance parole to H while in USA.
Eventually; they put her into deferred inspection (take all of her immigration documents and tell her that she will get a call from a local office to get interviewed). She still cannot work because no EAD.
It took local office in New Jersey six weeks to call her. In the mean time, her EAD gets approved and she goes back to work with Deloitte. She finally gets the call from the local office and when she gets there; they tell her they checked with headquarters and that she was correct that they should have allowed her in on H-1b even though she had entered on advance parole in the past. They give her a new I-94 card on h-1b and all is good (her husband eventually get the 140 approved anyways).
There is enough instances at the border that if a person has entered on advance parole that they will not allow them back in on H visa. If you are going to try to do this then be prepared to go through the route in the last paragraph (it was not an isolated scenario; she is the only one I know of who took it all the way. The others just gave up and came in on advance parole.
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tabletpc
08-21 02:56 PM
US legal..
Don't think u wife is is the only one in this boat. You can count me in.
I have been with NOn-cap h1b from 3 years...and in may i too contacted the consultant to apply as i could not change jobs easily due to non-caped h1b.
Havign a US degree i din't had problme in terms of quota.
last month i filed for 485 and last week..my consultant faxed me the copy of approved h1b. Uppar wala jab bi detha hai chpad paadke detha hai..!!! My consultant asked me about my plans..all i told him was i need time. But during this time i will pay him in installement the amount he had mentioned in the begining. No damge fee not anything extra from what he ahd mentioned to me intially. EVen i din't file any contrat..i jsut sent him resume and PP copes adn he filed. I too feel bad now as i am not able to utilize it. But i am single and in 6 months i will use AC21 and use capped H1b from this consultant(u r wife can also do this after 6 months).
Act smart when options are many....
Don't think u wife is is the only one in this boat. You can count me in.
I have been with NOn-cap h1b from 3 years...and in may i too contacted the consultant to apply as i could not change jobs easily due to non-caped h1b.
Havign a US degree i din't had problme in terms of quota.
last month i filed for 485 and last week..my consultant faxed me the copy of approved h1b. Uppar wala jab bi detha hai chpad paadke detha hai..!!! My consultant asked me about my plans..all i told him was i need time. But during this time i will pay him in installement the amount he had mentioned in the begining. No damge fee not anything extra from what he ahd mentioned to me intially. EVen i din't file any contrat..i jsut sent him resume and PP copes adn he filed. I too feel bad now as i am not able to utilize it. But i am single and in 6 months i will use AC21 and use capped H1b from this consultant(u r wife can also do this after 6 months).
Act smart when options are many....
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ICWA
04-06 08:46 PM
May God bless your hatred and ignorant souls!
Good Luck,
ICWA
Good Luck,
ICWA
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pani_6
06-15 10:59 PM
Even if there is a chance(0.001%) tjhat your sposue is pregnant(or can confirm in about a weeks or two time...) ...dont take the shots....Severe consequnce would result....in a hurry to apply 485 dont mess up...
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sats123
10-05 12:03 AM
I could reschedule appointment for my in laws from April to Nov. You will have to cancel the existing appointment first and then reschedule it. Still there are slots available for languages other than English.
dresses -Dennis Hope (Almost Famous)
uscis_lover
04-27 04:00 PM
Got my AP approved a few weeks ago from TSC. It took 81 days of processing time.
Thanks ! Looks like AP processing at TSC has really slowed down this year - It used to be between 30-60 days earlier based on my experience.
Thanks ! Looks like AP processing at TSC has really slowed down this year - It used to be between 30-60 days earlier based on my experience.
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cool_desi_gc
02-24 10:12 AM
180 days is from the reciept date.What do you mean by submitted date ? It is the reciept date and NOT the notice date.
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sanjeev_2004
06-05 02:06 PM
Should I140 be pending because of Background check?
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avaneendra
01-28 12:12 AM
Hi
After I-140 is approved, Can the geographic location be changed with in the same company and same type of work?, but manager will be different. Tried to search to google and Immigration voice, could not find any clear answer. Heard different answers from different friends.
appreciate any info
thanks
Avaneendra
After I-140 is approved, Can the geographic location be changed with in the same company and same type of work?, but manager will be different. Tried to search to google and Immigration voice, could not find any clear answer. Heard different answers from different friends.
appreciate any info
thanks
Avaneendra
champu
02-11 02:11 PM
I would like to know your views about Family Immigration...
One of my co-worker Mr. Patel he came to US after marraige (married to US Citizen) in 2002,
got divorced, got remarried , became Citizen (applied on the 1st day of eligibility), got his parents and wife from India;Enrolled his father into some programme; Enjoying Benefits from Local, State and Federal Govt. Recently bought 7-11. Trying for his brother (who lives in Bombay) to get here...
Bush came and went but I am still waiting...
EB Sucks!
One of my co-worker Mr. Patel he came to US after marraige (married to US Citizen) in 2002,
got divorced, got remarried , became Citizen (applied on the 1st day of eligibility), got his parents and wife from India;Enrolled his father into some programme; Enjoying Benefits from Local, State and Federal Govt. Recently bought 7-11. Trying for his brother (who lives in Bombay) to get here...
Bush came and went but I am still waiting...
EB Sucks!
nb_des
06-06 04:57 PM
Dan,
I am no expert but I believe you got this query because you did not include reference letters along with your labor application. For example if the job requires 2 years of of java experience then you need to include letters proving that you have worked in java for 2 years and thus you are the suitable person for the position.
Hi friends,
I got a letter from BEC stating that I need to prove that I possess some skills for my Labour to be approved. The skills are Java, JSP and Servlet.
I am a Masters' degree holder from US and a Sun Certified Java Programmer.
I did courses during my MS related to Java, JSP and Servlet.
I am really perplexed why the DOL is asking me to prove my Java skills!!!
Will they accept my certification and course work syllabus? If not, how can I prove that.
It is really dissapointing since I have been waiting for Labour for 4+ years. It was filed under EB3.
Thanks for you helps in advance.
Dan19.
I am no expert but I believe you got this query because you did not include reference letters along with your labor application. For example if the job requires 2 years of of java experience then you need to include letters proving that you have worked in java for 2 years and thus you are the suitable person for the position.
Hi friends,
I got a letter from BEC stating that I need to prove that I possess some skills for my Labour to be approved. The skills are Java, JSP and Servlet.
I am a Masters' degree holder from US and a Sun Certified Java Programmer.
I did courses during my MS related to Java, JSP and Servlet.
I am really perplexed why the DOL is asking me to prove my Java skills!!!
Will they accept my certification and course work syllabus? If not, how can I prove that.
It is really dissapointing since I have been waiting for Labour for 4+ years. It was filed under EB3.
Thanks for you helps in advance.
Dan19.
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