Sunday, June 26, 2011

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  • sku
    09-14 02:43 PM
    In spite of opening SR (Service Request) and Info Pass appointment





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  • reno_john
    06-08 11:52 AM
    Again I say Rest in peace CIR forever. I was never for it





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  • chandrajp
    08-15 03:56 PM
    Did you use AC21? how long ago you applied for 485?

    Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year





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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.



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  • SunnySurya
    07-17 12:44 PM
    Any Idea, why the processing times have not been released yet?





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  • calaway42
    10-04 01:06 AM
    but the thing is.. i dont have another strip of rentangle on either side... according to the tutes.. im suppose to have one



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  • WaitingForMyGC
    02-24 04:19 PM
    Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.

    Dude, Are you planning to marry an american citizen? :-)

    Just kidding..





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  • swede
    08-23 11:41 AM
    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.

    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.



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  • sapota
    11-14 09:11 PM
    Hello all IV members,

    I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

    A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,


    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    how about holding another DC rally?

    We have to do some big about all this crap!

    I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.





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  • immi_enthu
    09-28 05:05 PM
    That's the reason why they are now changing the receipt date to September even if you filed on July 2nd..
    I think this is just their way of saying......give us another month.


    They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.




    The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.



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  • desighee
    10-28 05:15 PM
    What game and who are these people?

    i think shraddha is a girl and saburi looks like a car similar to subaru





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  • desi3933
    05-12 12:49 PM
    .... How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications). ...


    Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.


    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.


    Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.

    ______________________
    Not a legal advice
    US citizen of Indian origin

    .



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  • Leo07
    05-14 01:18 PM
    ^^^^^^^^^^^





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  • bsbawa10
    01-23 06:17 PM
    Since Ombudsman invited these. Here is a very big list of them.

    1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.

    2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?

    3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.

    4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.

    5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?

    Thanks.



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  • add78
    08-01 11:54 AM
    Shows the power of "phone calls" vs faxes/emails/petitions
    Awesome.





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  • Leo07
    05-14 02:53 PM
    Bump^^^^^^^^^^^^^



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  • surabhi
    10-17 03:37 PM
    Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.

    Yes. Your understanding is correct





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  • krish2005
    09-18 02:39 PM
    One never knows on how CIR will encompass the legality of the undocumented.

    My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.

    These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).





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  • satdal
    12-31 02:18 PM
    I am a July16th filer (EB3-India,May2002 PD). We just recd the FP notices on 29th Dec. Though EAD,AP were recd pretty fast, it took till Dec21st to get our FP notices generated. Both my wife and I opened SRs. We got totally different explanations on the SR response letters. Mine was a ridiculous explanation.
    I also took infopass appts, but didn't see any use from them. So, my opinion is - just hang in there. You will be getting it soon ! Opening a SR or calling USCIS or even taking an infopass appt mayn't help. It's a matter of time before the FP notice comes ....Hope this info helps !

    SATISH.





    katakamk
    07-11 03:00 PM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.





    ujjvalkoul
    08-10 05:14 PM
    Un-freakin'-believable......................



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