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  • vinnysuru
    04-01 10:10 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other



    Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.

    Would you mind sharing specifics of your case?
    1. What was your exact PD (Day?)
    2. Which service center did you file with?
    3. What day did you file in July? Are you in any special category with EB2 like NIW?
    4. What is your country of chargeability? Are you cross chargeable to any other country?

    Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.

    I am Happy for you! Gives all of us hope.




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  • waiting4gc
    07-17 06:48 PM
    In fact your latest I94 number is needed on ALL your forms. So you will not be able to even complete the forms till you get back. So either
    1) Cut your trip short and return
    OR
    2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back


    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS




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  • watzgc
    10-24 02:55 PM
    Friends, we sent our h1b extension application in Jul 12 th to Vermont (VSC) and got receipt with in a week but still under process. now it is showing processing datge Apr 2007, can we convert to premium processing now ?. Thanks,:confused:




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  • DSJ
    06-01 01:25 PM
    This news is going on for a while. It is a waste of time analyze same story from different website without facts (pending no's) and date of backlog clear.
    Note we have already seen their commitment to clear labor backlog, which has been postponed several times.

    The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?

    http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html

    3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.

    Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.

    Also, check out the sample points assignments at the end of the fact sheet.



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  • posmd
    04-06 10:18 PM
    All this is a lot of posturing. I think they will get a bill out of senate. Dems. want as few modifications as possible, Reps. want to weaken its pro immigrant provisions as much as possible. It is surprising to me that even with a minority 45 in the senate they are weilding more power as they are more united 40 or so solidly behind kennedy, compared to Reps. who are divided and so weakened. The bill is hence being shaped more to the pro immigrant Dems.
    I doubt the Reps. will kill it on the senate floor, they will atleast wait until house/senate conference to do that.
    Will be interesting tomorrow. Lets Pray as Cardinal Mahoney suggested.




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  • mrajatish
    09-02 11:54 AM
    Let us restart the Washington state chapter - all interested volunteers, please email me at mrajatish@gmail.com to kickstart the process.

    -Raj



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  • Canuck
    02-03 01:50 AM
    People,

    The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...




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  • fromnaija
    12-02 08:14 PM
    >>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<

    I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.

    H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.

    So, if you do not want to change to F1, your strategy could be a combination of the following:
    start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.



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  • GCcomesoon
    08-25 04:38 PM
    Hi

    My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.

    Here are the case details

    Thanks

    GCcomesoon
    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    my case - I131 - approved - 7/24/07
    spouse case - I131- approved- 09/12/07
    EAD approved for spouse - 08/20/07
    EAD approved - 10/25/2007 - for me
    LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
    LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    FP scheduled - 12/12/2007 -
    Case approval for me (email ) - 04/24/08
    FP( for 485 ) -05/17/08
    Physical card- 08/03/08
    Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )




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  • jasmin45
    07-16 07:10 PM
    There's another thread with same details being discussed in the forum.



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  • dealsnet
    07-24 12:44 PM
    If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.

    If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
    WHAT IS YOUR LAWYER'S OPINION ???
    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.




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  • thomachan72
    04-12 08:28 AM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs

    very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.



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  • greenguru
    06-28 03:41 PM
    I checked on murthy site, what is there ?




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  • gc_on_demand
    11-20 12:13 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.

    Harivinder ,

    WE are core here. Right now given economy environment only few members are insterested into this forum. Rest are enjoying life with EAD or busy replying RFE's ... We need to wait for sometime becasue no matter how loud you cry right now no body is there to listen. ( Lame duck session is short and 100 % no hope for us. )

    I dont think we can push something to congress untill Feb 2009. So enjoy time with family in holidays.



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  • jthomas
    04-22 01:30 PM
    1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
    2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
    3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.

    Thanks
    Jthomas

    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks




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  • pappu
    09-22 07:12 PM
    Title: Creating American Jobs and Ending Offshoring Act
    Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)

    Cosponsors Sen Dorgan, Byron L. [ND] -
    Sen Reid, Harry [NV] -
    Sen Schumer, Charles E. [NY] -
    Introduced in the Senate.

    This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.

    Reid has the option to set up a procedural vote next week



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  • GCWhru
    08-20 01:31 PM
    Also one strange thing observed was that I have a receipt # SRC07264**** and my wife's case has a receipt # SRC07266****. Also we received the receipt notices 2 days apart.

    IndiaNJ , GCWhru... Do see any thing like this on your receipt dates.

    Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.




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  • naresh515
    09-24 01:22 PM
    Hi All,

    Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)

    Is there anyone who already went for stamping in matamoras recently....

    Please share your thoughts...

    I'm planning to get my H1-B renewal stamping next month...

    Thanks for all your replies in advance!!!

    Thanks,
    Raghu.




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  • chanduv23
    09-10 10:50 AM
    Please post your suggest to change H-1B program so that it becomes fair to all. I have started new thread for this purpose.
    http://immigrationvoice.org/forum/showthread.php?p=162510#post162510

    Right now - lets encourage people to join rally




    asanghi
    02-26 02:48 PM
    No need for AP. If someone mails him the GC, he can get back to the U.S. with it.

    Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.




    md_alien
    06-22 11:55 AM
    Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"

    As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.

    Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.

    In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:



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