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  • amslonewolf
    10-01 12:19 PM
    Where did everyone get the 10 days estimate from??

    As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.





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  • pamith
    10-09 12:43 AM
    I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.

    I wish everyone gets their GC's sooner than later.

    Not really, it was well known that there is no movement expected in OCT, NOV and DEC bulletin, July, Aug and Sept are action months.





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  • nkavjs
    09-26 05:00 PM
    Ok I made the decision. I emailed my sponsor (employer) to change me from h1B to EAD and will be a part-timer. I will be working 10 hrs per week.
    Possibly I might work 10-15 hrs with a different employer too (in same field).
    I was asked to change I-9 form and update the changes.
    Am I supposed to do anything else from my end, which my employer has not told me yet?
    Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
    DO we see any trouble with my GC processing?
    EB3-india July 2003, I140 approved 2006.
    Thanks
    RPH





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  • asiandude2
    02-06 03:57 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you



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  • andy garcia
    09-17 12:49 PM
    Come on Andy - I am looking forward to see you in DC

    I saw those guys in the situation room. I will look like their grandfather.:mad:





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  • sanju_dba
    11-11 02:17 PM
    Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.

    6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.



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  • desighee
    03-05 10:32 AM
    on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible





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  • senthil
    09-27 10:53 AM
    try after a day or two. you should see it. else call uscis with lin#



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  • $eeGrEeN
    08-02 01:48 PM
    Can I inquire from USPS just the status of the money order and not accept any refunds.

    i don't think so. This is what i was told though.

    Better talk to a postal agent at your local post office.





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  • tampacoolie
    07-26 08:47 PM
    I was asked by my lawyer to prepare this document in a tabular format. The document is to list my entry and exit dates, I797 numbers and I-94 numbers in a chronological order. He also suggested to decode the entry and exit stamps in my passport and take a copy of all these evidences and placed in chronolgical order. I dont know what the purpose here, I had all documents in scanned PDF and it was easy for me come up with document with right dates.

    Date of entry
    or Extension Approval | Status | I94 Validity date I-94# Exit Date

    XX/XX/XXXX | H1B | XX/XX/XXXX XXX XX/XX/XXXX.



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  • sku
    02-25 01:53 PM
    This is the News Letter That I got from my attorney.
    -----------------------------------------------------------------
    TARP Restricts H-1B Hiring for Funds Recipients

    The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:


    � The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.


    � The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.


    � The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.


    TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.


    The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.


    The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

    Effective Date of New Form I-9 Delayed Until April 3, 2009

    The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

    Rising Unemployment May Affect PERM Processing

    In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

    Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.


    E-Verify Start Date for Federal Contractors Extended

    U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

    US VISIT Expanded to Include Lawful Permanent Residents

    The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.


    Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.





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  • bkarnik
    01-21 06:25 PM
    There are 2 different dates: Notice and Receipt Date.

    Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.

    Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.

    I hope this helps.

    See this link http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
    See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.

    "18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
    Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."



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  • ksam75
    01-08 03:19 PM
    Hi Gurus,

    I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.





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  • ramus
    06-20 08:41 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.



    Can you detail how to get the photos taken from AAA?

    Where do you need to go for the pics taken?



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  • vkmurthy260
    06-25 11:32 AM
    If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .

    Hope this is information is usefull.

    Thanks

    Kris.





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  • REQUIRE_GC
    08-15 05:12 AM
    My PD is Aug 2003. Filed in June 2007.:mad::mad:

    Mine is March 2004 and Filed on July 23 2007:mad::mad:



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  • PDOCT05
    10-31 09:54 AM
    ^^^bump^^^^^^^^^^





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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.





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  • new2gc
    04-21 12:10 PM
    Contributed a small amount for this cause....





    sunny1000
    12-15 12:37 AM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks

    Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.

    Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.





    snathan
    04-16 01:30 PM
    If you have valid H1 then you are not out of status.