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Thursday, June 9, 2011

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  • no-tec
    10-20 05:55 PM
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  • ag11
    09-04 04:08 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.

    My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.

    On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.

    Good luck





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  • tnite
    10-05 09:28 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..

    I dont think you will get a rejection. RFE is the most likely answer
    Am I 100% sure, No





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  • sparky_jones
    10-01 08:22 PM
    Yes, being able to produce a complete file with all the paperwork is a pre-requisite for self-represenation. However, if and when you decide to "pull out your G-28", how will you go about making sure that USCIS updates their records to ensure no further correspondence is sent to the attorney? Are you aware of a standard procedure to do that?

    Thanks!
    I already pllued all of my paperwork from attorney.
    You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
    So, better have a copy of all paprework before..

    I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
    I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..



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  • apahilaj
    01-15 10:51 AM
    8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!

    Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!





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  • reno_john
    01-19 08:54 PM
    For 140 approval it takes anywhere between 6 to 8 months. Last year, the wait time was less.This is normal and the wait time will keep on increasing. Because last year there was few number of labors approved but as the days pass by that number will keep on increasing. My friend with I140(NSC) applied date of June 2006 was approved last week. My first I140(TSC) applied on Feb 2006 was approved by August 2006 and my second I140(NSC) applied in Sep 2006 is pending till today.

    And if you try to break the queue by premium processing then the chances of getting a dumb RFE( A no sense evidence to the case applied) is 99.99% because they want more time to process the case.



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  • gc_relief
    04-27 04:30 PM
    Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..





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  • REQUIRE_GC
    09-18 01:33 AM
    talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.

    I have received RFE for very similiar situation. I entered through Niagara Falls
    from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.

    My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)

    I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
    Would this be a big issue? or It is a routine RFE?
    GURUS ANY THOUGHTS?



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  • eb3_nepa
    08-02 11:54 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

    Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".





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  • purgan
    10-14 05:13 PM
    Canada attracting educated and highly skilled immigrants
    12 October 2006

    Canadian immigration policy is doing a good job of attracting skilled immigrants to this country, a Queen's University expert said. The U.S. Senate recently invited Economics professor Charles Beach to provide testimony as part of a major debate on U.S. immigration policy, driven by the large number of illegal immigrants in that country.

    Beach told a U.S. Senate committee recently that the growing importance of education, business and work experience as admission standards to Canada has significantly raised the education levels of the 230,000 immigrants who come to Canada annually.

    The result is a group of new immigrants who are better educated and experienced, younger and more fluent in either English or French than the whole immigrant population.

    Only about 20% of U.S. legal immigrants - one-third the level of Canada - enter the country under independent or economic status based on rules which reward education and work skills. The study did not deal with another touchy issue: making sure that more of these well-educated newcomers get jobs to match their skills.

    Some U.S. politicians are considering joining Canada and many other countries in adopting a similar point system tied to credentials.

    Beach said "Ironically, our findings have attracted more interest south of the border than from government officials in Ottawa."

    Beach said in a separate interview yesterday that Canada has to do a better job of recognizing the credentials of foreign-born professionals and easing the transition to the Canadian job market. "Some training, adjustment and wage subsidy programs were cut because of government deficits in the mid-1990s. I think that is a factor in the slower integration of some well-educated immigrants."

    The study found that those with university and post-graduate degrees jumped to 34% of all immigrants in 2000 from only 8% in 1980, while the proportion with only a secondary school education dropped from 59% to 35%.

    The proportion with college or related training was flat at 16%, while the balance has little formal education.

    The reason for the big shift is that 59% of all immigrants in 2000 entered Canada under independent or economic status determined by a point system - up from 35% in 1980.

    The proportion that entered under family unification status dropped from 36% to 27% and those who entered under humanitarian or refugee status dropped even more sharply, from 28% to 13%.

    Beach, along with Professor Alan Green of Queen's and Professor Christopher Worswick of Carleton University in Ottawa, studied Canadian immigration after separating out the impact of business cycles and unemployment rates in Canada and the U.S. "It appears that changing Canada's immigration policy to the point system had the desired effect of improving the quality of skill attributes of incoming immigrants," Beach said.

    The point system has gone through many changes over the years, giving greater weight to education levels, work experience, the age of entrants and their fluency in English or French. It will likely change again in the future to attract more skilled building and industrial trade people.

    Opening the immigration door wider - always a touchy political issue - has a small but negative impact on education levels.

    Increasing the total number of immigrants by 100,000 per year - about 35% - reduces the average education of economic immigrants by 2.6% and increases the average age by 1.7%. Canada has a current target of attracting and approving 200,000 immigrants annually.

    Last year, approximately 240,000 immigrants were granted visas. There has been discussion during the past summer of increasing the official target to 300,000 annually, in part a response to slightly off-setting Canada's low birth rate.

    But increasing the portion of economic immigrants by 10% raises the education and language levels, and reduces the age of all immigrants by about 2% each.



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  • eb3_nepa
    02-18 11:17 AM
    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?

    My point here is:

    Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.

    Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.





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  • kaisersose
    07-28 09:52 AM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


    It depends on the type of H-1 approval you have.

    1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

    2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.



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  • GCNirvana007
    04-04 05:44 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    Active EAD should keep your status ok

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return





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  • obelix
    07-25 08:12 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?



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  • gcnotfiledyet
    09-02 03:49 PM
    Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.

    Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.

    PS: Out of curiosity where was it that you were trying to shoplift?





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  • veni001
    01-18 11:24 AM
    My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
    Do you think moving to a new company should be a better idea?
    considering the fact that my application would be rejected eventually?
    any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
    should i just wait and see if i get audited and if I do just move to a new place?
    What would be my best bet?
    -chehuan

    Chehuan,
    Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(



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  • anilsal
    11-28 09:57 AM
    What Next ?? Simple...

    Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)

    Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(





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  • Joey Foley
    January 31st, 2005, 03:01 AM
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    The problem with that is I don't think it best represents and displays the Ice Fishing contest as an interesting winter event (like the contest wants).
    The ones you guys like probably do do a better job of that.

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  • koti
    10-28 01:52 AM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.





    shreekhand
    07-16 03:01 PM
    BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.

    see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    So there is now a choice till July 30 for everybody's kind information!





    smuggymba
    04-11 12:43 PM
    I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.

    it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.

    My 4 yr old niece went in person for the visa along with an adult of course.