Monday, September 19, 2011

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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.





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  • chantu
    08-21 06:17 PM
    Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.





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  • minimalist
    08-18 04:09 PM
    Thanks for the reponse imm_pro and kopra.

    Hi Kopra,

    My wife will be returing beack from india in mid october :(...


    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.





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  • akhilmahajan
    07-30 07:56 PM
    EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

    Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.



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  • h1bmajdoor
    05-24 04:40 PM
    the underlying problem, is not that american kids are not smart or hard working.

    it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.

    american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.

    so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.





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  • piyu7444
    03-26 02:58 PM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.


    Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)

    Documents one shall carry
    -Employment Letter from current as well as past employers
    -W2 for last 3 or more years
    -Pay Stub last X month (take as many as you have-wont hurt)
    -Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
    -Marriage Certificate
    -Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
    -140 approval copy
    -H1b petition copy or copies for both primary and secondary applicant
    -Should remember Last entry date (entry into US)
    -They will ask if you took any kind of money in welfare etc rom government or any other agency in US
    -They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
    http://www.uscis.gov/files/form/i-485.pdf

    I will post more questions if I can recall something later.........

    Cheers



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  • sparky_jones
    09-30 07:49 PM
    Thanks for your response. I guess option 1 would be preferable. However, the fact that there is no straightforward way of confirming if USCIS took action on the request to remove the attorney is a little unnerving.

    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?





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  • sledge_hammer
    06-29 12:43 PM
    ^^^^



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  • immi_enthu
    08-18 01:52 PM
    Need help ....

    Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says

    "On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."

    What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.


    sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.





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  • sdrblr
    06-18 03:35 PM
    One of my father's friend didnt visited india for last 25 years... Nothing wrong with that..

    I have not gone back since the start of the year :D (Just to lighten up)



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  • manand24
    08-14 03:43 PM
    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!


    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending





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  • p1234
    10-05 11:44 PM
    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...

    after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D



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  • senthil1
    02-10 02:15 PM
    Another issue is no Banks or Companies issued any statement. Simply they will be accepting the conditions to get the money. Nothing is going to acheived when a few people go for ralley as it will turn out to be get together.When any of the provision comes for Tech companies Compete America and Microsoft would have opposed it.

    You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.

    The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.

    There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.

    The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.

    The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.

    Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.





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  • RNGC
    04-25 05:36 PM
    This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!

    How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.

    Really pissed off! Very bad mood today!

    Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!

    Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!



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  • mayhemt
    06-02 06:42 PM
    Shouldnt the title include petitions filed by one particular law firm:
    'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
    (its a little misleading & intimidating to know 'ALL' applications)





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  • lostcause2007
    04-11 05:24 PM
    Havent heard about getting visitor visa without appointmment. Might want to talk directly to the Consulate.



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  • ilikekilo
    06-18 11:47 AM
    as far as my lawyer says once on ead, even for one day you cant go bck ot h1b





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  • VisaHelp
    07-26 09:27 AM
    Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.





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  • wandmaker
    12-18 11:41 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    when: after your 140 is approved and 180 days has passed since you filed AOS.
    how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.





    desigirl
    12-02 09:42 AM
    what are our chances if the Dream Act does not pass? Dream is #7 on the list.





    corleone
    11-09 10:48 AM
    I did answer your question in my first post and asked you a question on which you replied:
    There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
    I'm answering your question, and you are being sarcastic - what do you expect?



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