Monday, June 13, 2011

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  • bp333
    09-25 12:51 PM
    I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.

    Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??




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  • Lasantha
    06-19 02:14 PM
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.

    I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.

    It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.

    Of course it could be different in your case since you are already on meds. I just thought of letting you know.




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  • randomdude
    04-20 09:58 PM
    A friend of mine works for a non-profit and has always been with only one employer (employer A) . He had been on H1 for three years and then used his AC21/EAD card for a year now (again employer A - just wanted to save money by using EAD card instead of applying for H1 again). Can he reapply for an H1 again (same employer A again - no caps apply as this is a non-profit) or is it that once one uses an EAD card, H1 is given up forever?

    Thanks in advance




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  • allen_1974
    01-23 01:41 AM
    Ask your H1B holding company what should be your reply in case Consultate asks you about client details. This question will come to you 100%. So prepare for it. If you and your H1B holding company is satisfied then its fine. One solutions could be to mention in DS 156 that you are workking at your H1B holding company place. But its just a thought. Discuss it with your company.

    Best wishes



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  • anil_gc
    11-26 04:56 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil




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  • pak
    07-19 08:25 AM
    I am on H1B and finishing 6 yrs in Jan 2008 and my employer never applied LC. My wife is on H4 and her LC is approved.
    We are applying 140, 485, 765 for my wife. I and my daughter applying 485 and 765. So our status will be on EAD.
    I have another daughter aged below 14 so can not apply 765.
    My questions are:
    1. After the expliry of my H1B, wife's H4, Kids' H4, what will be our status?
    2. What will be status for my daughter aged below 14 yrs.

    I am filing my own due to lack of fund, pl. help gurus!!!



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  • viva
    01-27 07:54 PM
    Any takers of my pledge?????????????????????????????????????????




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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date



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  • beautifulMind
    08-02 01:23 PM
    I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank




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  • brb2
    11-03 07:02 AM
    Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.

    ....
    one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov

    i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.

    i may be too naive but nevertheless why miss the opportunity to spread the word around...



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  • chandrajp
    04-28 09:35 AM
    You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible




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  • gcdeena
    01-29 03:13 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.



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  • brij523
    02-17 04:33 PM
    Anyone from GA. Please confirm your participation.

    Thanks




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  • ksurjan
    08-14 11:56 AM
    I am also in the same shoes as you. Been here 9 years, filed GC in 2002, still no end in sight. I recently got a job offer from back home. Decent offer, I am told by friends, enough to sustain a good lifestyle and then save some. I am seriously comtemplating going back.



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  • n2b
    04-17 02:13 PM
    I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
    To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

    A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

    I may be wrong .. but this is how i perceive it


    Peace.


    H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?




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  • kaisersose
    07-02 04:11 PM
    Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.


    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.



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  • diptam
    04-13 01:29 PM
    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.

    Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.




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  • rolrblade
    06-26 08:44 AM
    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

    Thanks!

    I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.




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  • mallu
    06-13 10:43 AM
    Is there a chance India EB2 retrogresses to 2002 ?




    permfiling
    07-29 11:24 AM
    Iv4gc,
    yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job




    zCool
    04-02 01:18 PM
    So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?


    That is true,
    Ability to pay issue can be replied with company financials and assets etc.
    Paystubs and W2s are pretty basic queries, they ask them in lot of places..
    even h1 transfer can not happen without recent paystubs..
    I am confused.. they don't have money? in that case how will they even answer RFE?



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