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  • confu
    12-04 02:25 PM
    Noticed this article today. Thought some of us would love to roll your eyes over it.

    http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms



    :):):)




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  • gainedi
    06-03 09:58 AM
    Is there anyone who has got a denial/rejection for filing 485 before 120 days?




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  • abhishek101
    05-16 03:34 PM
    My wife received her green card on Friday so I think it is the latest info.

    It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.

    Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.




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  • sukhyani
    01-27 10:51 AM
    Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.

    Later on my case was transferred to National Benefits Center and now this interview.



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  • sprash
    03-02 05:09 PM
    ok, here is the story:
    http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/




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  • istrategist
    03-25 10:13 AM
    Thanks h1bworker! I had a call with their immigration lawyers

    AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.

    The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.

    My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...

    Don't know if there are any other options - may post this as a separate question.


    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.



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  • shadowbuddy
    03-15 02:14 AM
    Hi All,

    I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.

    Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.

    We have to refile. I re-wrote the checks and we are submitting the package again.

    How can we demand that our application be accepted based on the original filing date of November when we were current?

    would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!

    How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.

    thanks!




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  • godspeed
    03-08 12:30 PM
    A good way to start the week, glad NSC is coming out of its slumber

    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:



    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)



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  • sanju
    01-20 01:41 PM
    Yes, it looks good, maybe that was done purposely ;-)




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  • eb2_immigrant
    10-22 08:17 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.

    So to confirm if what you are thinking is true or not I called USCIS,

    The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center

    As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.

    After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.

    Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.

    I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen

    Any thoughts ......??????



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  • ss2005
    06-11 01:20 PM
    [QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.


    One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.




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  • FinalGC
    03-30 11:58 AM
    Thanks guys for all the wisdom....I believe I knew the answer, but needed a 2nd opinion...

    I had to renew my H1 visa, so was wondering what would happen if my GC was to get approved and my dependents remain pending, before the h1 is applied. My GC is still pending, hope to see some Green soon....maybe this year. All the best for all of you.



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  • bsbawa10
    09-10 12:32 PM
    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS




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  • mdmd10
    08-27 05:03 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    I believe the answer to that would be a 'No'.

    If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.

    However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.



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  • tdasara
    08-28 04:02 PM
    Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.

    If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.




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  • meridiani.planum
    06-27 01:42 PM
    Hi All

    Just came accross the following information as posted by the uscis latest newsletter...

    If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

    source: Latest USCIS Monthly Newsletter
    Link available via www.immigration-law.com

    Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???

    can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!

    replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.



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  • dummgelauft
    09-11 08:36 AM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo
    just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.




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  • abhishek101
    05-01 07:57 AM
    They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
    "Card production ordered/Oath Document sent".

    It is just misleadig for a lot of people they can misread it as the PR card.




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  • sheshadripv
    12-13 12:02 PM
    Hey mind your language. I just wanted a prompt answer. If you don't know about L1 visa, you don't need to reply.

    Thanks,
    Sheshadri




    TomPlate
    03-07 10:41 AM
    hello;

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks

    The important question you have is about marrying girl?
    Stay in h1b and get your spouse h4 after marriage.
    When you do not have h1b there is no way to bring her.

    I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.




    Maverick1
    10-29 01:40 PM
    H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?