Tuesday, June 14, 2011

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  • I-485 approval
    08-20 12:37 PM
    Hi Bheemi,

    Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.

    Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)

    Thanks




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  • newlife2
    09-19 10:12 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.




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  • sherlock01
    10-16 07:54 PM
    Can you please send the format of the letter you faxed? Did you include a letter from the employer?

    I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:


    I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.

    Hope this information is helpful to someone in similar boat. Below are the fax numbers:
    (214)962-1454
    (214)962-1450
    (214)962-1415
    (214)962-2632




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  • JunRN
    01-27 06:42 AM
    With the July filers coming into the picture, I think TSC and NSC will stick to the current trend. TSC will still be processing i-140 within 6 months and NSC within 10 to 12 months.

    However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.



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  • martinvisalaw
    06-04 05:37 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."




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  • morchu
    06-01 04:44 PM
    If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

    USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

    At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

    Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.



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  • gcformeornot
    12-31 01:05 PM
    bump




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  • Hey Ram GC
    04-08 12:25 PM
    so are you going to get your EAD renewed this time?



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  • vxg
    08-31 11:52 AM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

    I am like you, filed in Aug 2007, did first FP in Nov 2007 no second FP notice yet. I checked with my lawyer and several forums and response i got was that FP expires in 15 months and generally USCIS issues second FP notice when they are very close to approving your case. I called TSC and got a nice IO who told me that my FP did expire and he is issuing a request to send me FP notice and i should get one in 30 days. Not sure how it will go but i have heard that IO can approve your case even if FP expired and request FP after approval but before cards are sent.




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  • vikasw
    07-17 07:10 PM
    Thank you IV for your hardwork and dedication on this.

    $ 50 from me.

    Payee Amount Deliver By Confirmation
    Number Action

    Immigration Voice
    Vikas wadhwani(vikasw) $ 50.00 07/24/07 6QZ0Q-0Z4V0 Edit



    Pay From: MYACCESS CHECKING-6830



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  • teddy the dog
    02-07 08:59 PM
    Advance Parole. You are not alone. :)




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  • rajeshalex
    08-22 07:05 PM
    I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...

    We can ask the USCIS to give the data in a below format

    Receipt Month, PD Month, Category, GC Approved Month or similar format



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  • kish006
    11-06 11:47 AM
    Anyone who filed in July still waiting for a receipt / rejection notice?
    I filed on July 2nd - haven't heard anything yet.

    Hi,

    did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

    Please let me know if u got ur receipt number.
    any one else who are wating on receipt number who filed I-485 on july 2nd.




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  • vandanaverdia
    09-09 03:26 PM
    With inspiration from the TX chapter thread "Simple Math"

    Dear WA IV Members:

    We have approx. 3 people representing WA attending the DC Rally. I am sure many of you fall in either of this categories:

    a. Family reasons
    b. Economic reasons
    c. Work reasons
    d. Ignorance - I don't care.

    I honestly would love for those who fall under category D to look back and do some simple math:

    I am sure most of you earn between $25 to $35 /hour, aka. An average of $30/hour (pre-tax). There are 176 paid work hours a month. Which puts you in the range ~ $60,000/yr (pre-tax).

    Those of you waiting for a GC, have some sort of an agreement with your employer (verbal/written). Let's assume that your employer with some calculation makes adjustments to your pay, reasoning that they need to bear the expenses for lawyer fees, application fees etc.

    That's approximately $2500 for a 3 yr H1B work visa. The employer obviously marks up this cost as a result your pay decreases to $55,000.

    Lets ballpark ~$10,000 towards the following:

    a. Attorney fees
    b. Job Advertisement
    c. PERM
    d. 140
    e. 485
    f. Number of Hours spent by you to the make the above steps happen.

    THE ABOVE ARE VERY CONSERVATIVE ESTIMATES.

    Imagine what a GC would do to your paycheck! Your $55,000, with just a GC, would put you on par with everyone else for jobs in your field of expertise. Your pay scale has the potential to jump to $80,000/year (Conservative estimates).

    Thats an increase of 45%.

    The total cost you have so far spent in staying legal in order to work in a highly skilled job while waiting for your GC is:

    $5,000 (6 yr H1B)+ $10,000 (I-485 pending) = $15,000

    The total cost of your trip to Washington DC would be in the range of $400 (Including lodging expenses). This represents 3% of the total cost you have spent waiting for your GC.

    Assuming that by attending the DC rally, the lawmakers take notice and a special legislation is passed to expedite GC applications and provide sweeping temporary status to those waiting for 485 adjustment of status which would give you the same privileges as a GC would give,

    YOUR INVESTMENT OF 3% JUST GOT YOU A 45% INCREASE IN YOUR ANNUAL SALARY.

    If that is not a reason for you to stand up now and help yourself to that return on your investment, either you are a bad investor, or related to the likes of Gates, Bezos and Buffet families.

    YOUR ARE NOT WASTING YOUR TIME IN ATTENDING THIS RALLY. YOU ARE HELPING YOURSELF TO A BETTER LIFE. I CAN'T MAKE DECISIONS FOR YOU. I CAN ONLY HELP YOU UNDERSTAND THE POTENTIAL. YOU HAVE TO MAKE YOUR OWN DECISIONS FOR YOUR OWN LIFE.

    The cost of attending this rally say 300-400 whatever but the Rally has the potential of eradicating the disease of Retrogression - IF WE ALL CAN SHOW STRENGTH IN NUMBERS. EAD+AP cost for 1 year is $644... For 6 yrs of wait you will be spending 3500-3600 or even more if the rates change in a retrogressed world PLUS other disadvantages/hassles that we already know.

    Remember IV is just a platform with some LOGICAL and PRACTICAL agenda before Congress - if we do not stand up and show our heads NO ONE IS GOING TO LISTEN TO AGENDAS.

    Come on folks - its our chance to save some hardearned money over the next few years by investing in the rally.

    Lets all stand up at DC and show them numbers.

    Please consider helping people who want to come but the expenses are prohibitive due to some pressing situation.

    Enroll your name in one of the databases:
    http://groups.yahoo.com/group/WA_Immigration_Voice/



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  • indiancitizen77
    09-27 09:00 PM
    My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
    Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks




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  • techbuyer77
    07-16 10:11 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad:

    You are right! 100% Why people who follow all the rules are always screwed up and the ones who doesn't the government ALWAYS cut them some slack!

    It is like the CRI. I went thru the pain to work for YEARS on this GC and now people who got here illegally LAST YEAR will have GC and I still dont have mine (in the hipotetical case it ever passes, thanks God it didn't) It is not fair! what about all the money and time I spent to get here?

    The people who does not follow the rules should go at least to the endo of the line!



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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)




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  • raamskl
    07-22 12:28 PM
    Hi,

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?

    Would anyone know?,, bumping up.

    Thank you.




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  • sku
    09-11 04:25 PM
    Just to clarify

    Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.




    nayekal
    02-21 01:13 PM
    Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
    People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.

    Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
    How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
    I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
    Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.




    pellucid
    04-05 03:31 PM
    America embraces foreign-born ballplayers, but not engineers, much to the
    dismay of big business, says Fortune's Marc Gunther.

    By Marc Gunther, Fortune senior writer

    NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
    without such foreign-born stars as Albert Pujols, David Ortiz, Justin
    Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
    mysterious "gyroball."

    It wouldn't be as much fun, would it? Fans want to see the most skilled
    players compete - immigrants and Americans.

    So why is it that people don't want skilled immigrants to compete for jobs
    in the multibillion-dollar technology industry?

    They view these immigrants as a threat. CNN anchor Lou Dobbs argues
    permitting more educated, foreign-born engineers, scientists and teachers
    into the country would force many qualified American workers out of the job
    market.

    That may be true in baseball, where the number of jobs on big league rosters
    is fixed. That's not necessarily so in technology, where people with skills
    and ambition help expand job opportunities. Immigrants helped start Sun
    Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
    Charts). Would America be better off if they'd stayed home?

    "This is not about filling jobs that would go to Americans," says Robert
    Hoffman, an Oracle (Charts) vice president and co-chair of a business
    coalition called Compete America, which favors allowing more skilled workers
    into the United States. "This is important to create jobs. It's not a zero
    sum game."

    This week, as it happens, is not just opening week of the baseball season.
    It's the week when employers rush to apply for the limited number of visas,
    called H-1B visas, that became available on April 1 to allow them to
    temporarily hire educated, foreign-born workers. This year, Congress has
    allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
    students who earn advanced degrees from U.S. universities. After obtaining
    guest-worker visas, employees can then seek green cards that allow them to
    stay in the United States

    FedEx and UPS did a brisk business last weekend because the visas are
    awarded on a first-come, first-served basis. The first 65,000 are already
    gone. The 20,000 earmarked for graduates of U.S. universities will be
    distributed in a month or two, experts say.

    This makes it very hard for companies to hire foreign-born graduates of the
    U.S.'s top schools. More than half the graduate students in science and
    engineering at U.S. universities were born overseas.

    "It's sending a signal to the best international students that they may not
    want to make their career in the United States," says Stuart Anderson,
    executive director of the National Foundation for American Policy, a
    research group. (Anderson, an immigration specialist, also wrote a study of
    baseball and immigration that's available here as a PDF file.)

    Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
    Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
    the importance of overhauling our high-skilled immigration system....
    Unfortunately, our immigration policies are driving away the world's best
    and brightest precisely when we need them most."

    CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
    American workers right out of the job market," he fretted on the air after
    Gates testified. "There's something wrong when a man as smart as Bill Gates
    advances an elitist agenda, without regard to the impact that he's having on
    working men and women in this country."

    It's not just Dobbs. Internet bulletin boards and blogs are filled with
    complaints about foreign-born engineers. The U.S. branch of the Institute of
    Electrical and Electronics Engineers, the leading society of engineers,
    brought about 60 engineers to Washington last month to ask for reforms to
    the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
    an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
    designed to crack down on companies that use the guest worker program to
    displace Americans from jobs.

    As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas.

    In a paper for the Economic Policy Institute, Hira says that expanding H-1B
    visas without improving controls will "lead to more offshore outsourcing of
    jobs, displacement of American technology workers (and) decreased wages and
    job opportunities" for Americans. He told me: "Bill Gates talks about how
    you are shutting out $100,000-a-year software engineers. But if you look at
    the median wage for new H1-B workers, it's closer to $50,000."

    Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
    said the average salary for Microsoft's H1-B workers is more than $109,000,
    and that the company spends another $10,000 to $15,000 per worker applying
    for the visas and helping workers apply for green cards. "We only hire
    people who we want to have on our team for the long run," he said.

    It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
    and other members of the Compete America coalition - do not use the guest
    worker program to hire cheap labor. They just want to hire the best
    engineers, many of whom are foreign born.

    So what to do? Everyone seems to agree that the H1-B program needs fixing. (
    Even Hira, the critic, says the United States should absorb more high-
    skilled immigrants.) Whether Congress can fix it is questionable. The guest-
    worker program is tied up in the debate over broader immigration reforms.

    But guess what? Just last year, Congress passed the Compete Act of 2006,
    which stands (sort of) for "Creating Opportunities for Minor League
    Professions, Entertainers and Teams through Legal Entry." Yes, that law made
    it easier for baseball teams to get visas for foreign-born minor league
    players.

    If the government can fix the problem for baseball, surely it can do so for
    technology, too.



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