Wednesday, June 8, 2011

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  • quizzer
    10-11 12:43 PM
    Vic,

    when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?

    My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.

    All the best!!!

    Thanks





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  • gsc999
    09-21 07:00 PM
    Thanks! guys.....All in the same boat then....Screwed.....
    ---
    Harish, you now know the "problem."

    People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.





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  • hebbar77
    09-10 12:28 PM
    MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.

    Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.

    Now I am eagerly awaiting my approval (primary + 2 Dependents).

    My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.

    If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.

    My case looks same as urs! thanks for writing.
    I just hung up with USCIS before I read this.
    first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!





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  • rameshvaid
    04-07 10:30 AM
    You should be getting the cards with in this week. A friend of mine got them within 10 days of getting the mail.

    Congrats and start celebrating.

    rv



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  • zCool
    04-19 10:44 PM
    All of us might have gone wailing in streets and still it would have been the same thing..
    What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
    He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!





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  • subba
    02-11 08:26 PM
    The way I see it....You have an I797 approval till 2010. Once you have that, it does not matter on what basis it was received. The I797 approval does not say "Only valid until I140 has not been withdrawn" etc.



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  • PlainSpeak
    02-23 10:30 AM
    sorry to ask this question as it may be asked previously still i need to know the latest info.


    Having AP and EAD ( i am not primary ) and want to travel to india from atlanta for round trip. what are the documents i need to carry ? What are the things i need to follow ? For the infant baby who is USA citizen what documents i need to carry ?

    please reply anybody who knows about these.

    Thank you.

    Primary carry the following
    - Origional EAD and AP
    - As many past W2 as you can
    - Atleast last 6 paystubs
    - All your previous Origional H1B which shows you were always in status
    - Origional Current H1B if applicable
    - Letter from HR of current company stating that you are a full time employee if applicable
    - Copy of 485 receipt notice if available
    - Copy of 140 receipt notice if available
    - Copy of Labour if available


    Dependent carry the following
    - Origional EAD and AP
    - All your previous Origional H4 which shows you were always in status
    - All your spouses previous Origional H1 which shows he/she were always in status
    - Copy of your 485 receipt notice and copy of spouse 485 notince if available
    - Copy of spouse 140 receipt notice if available
    - Copy of spouse Labour if available

    Optional
    - Last 3 paystubs if you are working
    - Letter from HR of current company stating that you are a full time employee if applicable





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  • alahiri
    03-27 10:48 PM
    With President himself lending support for immigration related reforms this is probably the best chance we will ever have to put the plights of legal immigrants waiting for a Greeen Card before the senate and the President. Is there any plan to pursue this with the Senate. I would like to request the Immigrationvoice esteemed members to please put some thought into this (if not allready considered) :


    Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.

    Thanks
    AL



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  • sanju_dba
    07-22 04:20 PM
    is this is right?

    -> H1 (797 approval notice) is valid
    -> you enter USA on AP, you will get AOS status.
    -> H1 is still valid but unusable as the status is AOS.
    -> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
    -> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

    PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.





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  • omved
    05-06 02:20 PM
    Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..

    Radhay..no they haven't asked for any pay stubs..



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  • sertasheep
    06-30 04:33 PM
    How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?





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  • jinger
    04-02 08:44 PM
    I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.


    "Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.



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  • anurag
    06-13 11:27 AM
    I have been through a couple of acquisitions. You dont need to do anything with the h1b.

    But for travel - Whenever you are travel outside US, keep a newspaper clipping of the acquisition. Also take a letter from your HR stating you have been working for Company B, which was acquired by Company A and that you continue to work with the new organization.





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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!



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  • dealsnet
    02-07 09:34 AM
    Visit visa is only for the max. 6 months. No guarenty they will give that. I know many people got 1-3 months only. My mother used to come here for 6 months and go back to India for 1 months and again come back and stay 6 months. The 3rd time at the JFK, they told her this is your last entry in visit visa and give her 3 months. They told her if you come next time, she will send back as blacklisted. Because she abused the visit visa and stayed most of the time here in US for the couple of years. My sister is a US citizen by then and she filed AOS and I-130 for her and my mother got her GC in 6 months. My friend bring his father here and his father was hospitalized due to a heart attack. He got a bill for 90K. Now he is paying it by installments, because be sponser him. He is liable to pay it. He hired a lawyer, but finally he agreed to pay. So don't bring any one here without taking medical insurance. Parents are not come into H4 catagory.
    From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.





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  • johnamit
    08-13 09:58 AM
    advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.



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  • kondur_007
    09-22 03:09 PM
    Hello IVans,

    According to Attorney Murthy on June 27, 2008,
    "It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
    http://www.murthy.com/news/n_pp4140.html

    I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.

    Does anyone feel the same? any thoughts?

    I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).

    I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).

    TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p





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  • chi_shark
    04-28 11:29 AM
    "approvable" is the right term.

    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.





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  • fide_champ
    02-15 08:56 AM
    yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice

    Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....





    kriskris
    07-31 09:34 PM
    Dear All,
    Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.

    Hi bijualex29,
    Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.





    wandmaker
    10-26 11:00 AM
    Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.

    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?



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