Tuesday, June 14, 2011

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  • Ramba
    05-04 05:37 PM
    If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.

    (I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)




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  • bmoni
    08-19 09:25 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.




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  • SirDuke
    01-04 10:02 AM
    Are Tweening Engines ok to use? TweenLite for instance?




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  • sandy_anand
    04-07 09:42 AM
    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)

    Thanks :)



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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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  • priderock
    07-11 04:55 PM
    Expecting help from Cheney ?:confused:



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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!




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  • austingc
    12-24 10:32 PM
    H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

    You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

    Best of luck on your 140




    Cheeers !


    Varumo_varatho,

    Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

    Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

    If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

    I would suggest you to change your screen name to Thriyumo_Thriyatho



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  • webm
    04-08 11:10 AM
    Please see my signature for details.

    __________________
    PD - Oct 1st 2001
    140 AD-Sep'2005
    I-485 - RD - 2007 June 25th.--TSC




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  • belmontboy
    05-21 04:56 PM
    we have become subject of joke for them!



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  • cjain
    10-30 05:49 PM
    is it from the receipt date or notice date?




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  • ggc
    08-16 04:44 PM
    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?



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  • bharmohan
    08-15 10:20 PM
    Gurus,
    On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.




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  • dpp
    04-23 03:59 PM
    There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.


    Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

    Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

    But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.



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  • h1-b forever
    09-27 08:58 AM
    Did this campaign start?




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  • MArch172008
    05-23 03:32 PM
    I am on H1 since 2005 and renewed last year and it is valid till april 2010.


    Last year i joined directly to the client and they are processing my GC.

    When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
    So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


    guide me if this is not the correct thing to do...

    regards



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  • va_12_2004
    07-19 08:42 PM
    First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.

    The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.

    I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.

    We will win at the end, because we have not done anything wrong. Just keep unity.
    Thanks

    I contributed $150




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  • rennieallen
    11-04 10:41 AM
    Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

    That'd be "removing all doubts" ...




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  • styrum
    10-30 03:20 PM
    I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?
    They are not instantaneous. Mine showed up in an hour for sure.




    bearstory
    05-24 12:43 AM
    Thank you everyone!
    We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?




    vfwlkr
    04-08 03:16 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006



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