Thursday, June 30, 2011

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  • aillarramendi
    08-31 11:32 AM
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  • JSimmivoice
    01-27 06:16 PM
    Hi,

    I was working for Company A with whom I've my H1 & I-94 valid until Aug 2010. But I was laid off from Company A in Dec 1st week and I found a new job with Company B in Jan 3rd week. So I was out of status for about 6 weeks time.

    Now Company B don't wish to file a transfer but instead they are filing something called H1 "Loose Petition", obviously I'm not going to start work with Company B until this H1 gets approved and I travel out of US, get restamped based on my New H1 petition, come back to US and start work for Company B.

    But my question is, while from today until this so called "Loose Petition" H1 is getting processed (since they applied premium it would take about 2-3 weeks) can I legally stay in US (in terms of I-94 I've my I-94 from Company A H1 which is valid until Aug 2010)?

    My employer suggest that I stay here until H1 processing result comes out and then leave country get restamped. Please let me know if you have an Answer.




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  • Maria_Mathew
    04-03 12:32 PM
    Good info...

    -Maria




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  • gchopefull
    10-03 12:45 PM
    what is the best bet after I-140 denied?
    I mean does it make any difference far as 485/EAD if the employer does appeal or MTR?
    I mean is there a possibility of keeping the 485 and EAD alive after I-140 denied if employer appeal or Motion to Reopen?
    need help.
    thanks



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  • Blog Feeds
    12-11 10:00 PM
    Here's the link. Bad news in the family categories as much of the advancement of the last two years has been reversed with major retrogressions. The only good news was a ten month jump for Mexico EB-3 cases. Family 1st- 13 month retrogression for most countries to January 2005; six month advance for Dominican Republic to January 2005; one week advance for Mexico. Family 2A - world numbers retrogress 20 months to January 2008; Mexico retrogresses five years to April 2005. Family 2B - world numbers retrogress more than two years to April 2003; Dominican Republic advances two months to...

    More... (http://blogs.ilw.com/gregsiskind/2010/12/january-2011-visa-bulletin-rundown.html)




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  • Blog Feeds
    05-17 12:50 PM
    Years of congressional inaction and paralysis on immigration reform have created an untenable situation that, depending on which �side of the fence� one sits on the Arizona immigration law debate, has either forced the Arizona legislature to take necessary action or permitted overzealous lawmakers to trump federal authority. And while a constitutional challenge of the law will most likely result in its demise, the immigration debate will not abate until such time that a bi-partisan comprehensive immigration reform bill is passed by Congress. In the interim, one can only conjecture what effect the Arizona law will have on legal immigrants...

    More... (http://blogs.ilw.com/h1bvisablog/2010/04/arizonas-new-immigration-law-the-proof-will-be-in-its-enforcement.html)



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  • sbmallik
    06-24 12:26 PM
    A RFE is not related to the type of processing (regular / PP) but depends on how well the petition was prepared.




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  • sujit_help
    02-01 01:16 PM
    My PERM was filed in Dec, 2006 and was denied on April, 2007. As per my employer's lawyer it was erroneously denied by DOL. The lawer has received the denial letter but no reason was stated. He was keep on follwing up with DOL but no answers. On Aug 2007, lawyer was followed up again directly with the DOL office in Atlanta , with the liaison at the American Immigration Lawyer's Association and also it was sent to the congressional office. Through Senetor we came to know that there was typo in the date field. The lawer is persuing to get the denal letter again with reason so that we can appeal. But we have 10% chance to get the another deial letter. Now lawer is asking for filling a new PERM. In between I lost 8 months and now I'm running out time. My 6th year is expiring on Sept08. Just incase if we din't get denial letter and file the new PERM on Mrach can we get the 7th year extension ? (We will show all the documents etc for previos denail case and there was no reason in denail letter. PLEASE HELP



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  • learning01
    03-23 08:56 PM
    What's your point? If you can't analyze, let's know.
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  • gc_maine2
    07-06 03:48 PM
    don't create new threads, check in this thread you might find answers.

    http://immigrationvoice.org/forum/showthread.php?t=4478



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  • emilytai
    06-26 01:03 PM
    Dear All:

    I-140 approval 6/25/08
    I-485 approval 6/26/08
    EB-2 Concurrent filing
    I-140 Sent 07/30/07
    I-140 Notice 09/18/07
    Title: Accountant

    But I just submit I-765 (EAD) renew by 6/22/08. Now I found out my I-140 and I-485 are all approved. Can I revoke or withdraw I-765(EAD) from USCIS?
    Do anyone have similar case?

    Sincerely,
    Emily




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  • GCBy3000
    07-26 12:26 PM
    1. I am seeing that June'07 485 filer claiming to get GCs this month. If that is the case, then the possibility of pre-june cases of getting GC are also higher.

    2. However, the service center processing times shows that they are processing only Aug'06 receipted AOS applications as of July 07. https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    If the statement 1 is true, then USCIS should have cleared most of the pre-july 07 cases. I say MOST and not ALL. In this scenario, the processing dates of service center in coming months SHOULD move to June - July 07 pretty soon (theoritically). Does anyone agree with this one?



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  • gc_2006
    07-01 12:47 AM
    Hi,

    I am filing the PERM application in EB2 Category. The position needs Bachelors + 5 Years (or) Masters + 1 year. I do have 30 months expereince after finishing my Bachelors degree and 11 months expereince after finishing my Masters degree.

    Will I be eligible to file in EB2 as I have Masters degree and more than 12 months of expereince after Bachelors.

    My questions is -- How do you count the expereince if its Masters + One year
    Will you count one year after finishing the Master Degree completed (or)
    Will you count one year after finishing the Bachelors Degree.



    Thanks
    gc2006




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  • nsg
    11-17 02:01 PM
    I am currently waiting on my 485 (EB2). My priority date is Sept 16 2005, and 485 date is Aug 27 2007. I have traveled out of the country and back on advance parole and am still on H1 as I am still with the same company. My current advance parole ends in Jan 31 2010. I have to travel again in the first week of Feb 2010. I applied for another advance parole at the TSC on Aug 31 2009 for both my Wife and I. My Wife got her parole in a week, but I am yet to receive it.

    I checked the USCIS site for the time frame and it says 3 months for TSC. I am thinking I might not have received it yet as I have a parole which is active. But I want to make the travel reservations now and I wanted a confirmed parole. USCIS said that they could put in an expedited request for the parole if it is an emergency. My lawyer says not to worry as I had applied in August, I had plenty of time to receive it.

    Please advice. What should I do.



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  • Blog Feeds
    10-28 09:00 AM
    1500 H-1Bs were claimed in the last week and just over 20,000 remain for the fiscal year. Based on a four week rolling average (1175), I am projecting the target will be exhausted in 17 weeks which will be February 23, 2011. Previously, I had been projecting March, but the overall usage of H-1Bs has been somewhat busier in the last month than in previous months. The masters cap usage this past week was 500 and the monthly average is 450. There are 3,800 H-1Bs left of 20,000 and I am projecting that cap will be exhausted in late December,...

    More... (http://blogs.ilw.com/gregsiskind/2010/10/h-1b-exhaustion-target-moves-up-to-february-2011.html)




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  • ramreddy
    01-03 12:24 PM
    Sir
    My labor and 140 are approved. 485 is pending.
    Can I go to India and come back , say just 5 months before my PD comes current.
    e.g. the EB2 is now hanging at March 05 . My PD is at Oct 05. When it comes to around Aug 05 ...I will come back and start working.
    I have to fight some litigation there .I have my AP Documents and EAD all right .
    my Q is WILL THIS CAUSE RED FLAGS ON MY 485 APPLICATION. As long as I was in US I was employed. But I was out of US for my own personal situation.
    Please advise
    Thanks
    Ram\



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  • GCLONGWAIT
    06-17 05:02 PM
    Hello,
    I am in a pretty scary scenario...

    My I-140 got denied based on inability to pay. My firm did send out the appeal to fight out the case. The appeal was sent 15 days back with the time limit stated in the denial letter. But today, I received the I-485 denial for both me (primary applicant) & my spouse (dependent).

    I have H-1 as a back up but my spouse does not have H-4 status.

    My Questions & concerned:

    1) How long does it take INS to accept the appeal as I haven't seen any update on the same since the package has been delivered (15 days)?

    2) What is next possible step for my spouse & how long can he stay in this country without applying for H-4?

    3) If the appeal is accepted & the case gets into processing, will I-485 get back on track for processing & can my spouse start working on EAD?


    Would appreciate any sought of guidance possible from the expert lawyers & the individuals with the similar experience & knowledge.

    Time is very crucial & so immediate reply will be highly appreciated...

    Thanx in Advance




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  • kirupa
    10-27 10:36 PM
    Added :)

    I actually can't even see the highlight!




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  • STAmisha
    09-21 01:03 PM
    gurus

    Please post




    vikramy
    11-24 01:06 AM
    I think it's 3 month before expiry

    and yes she can apply for one




    ingenix
    09-12 10:04 AM
    We also need to raise our voice for the Out of Status stuff.

    Most of the consultants have one or more pay stub missing etc. There needs to be a amendment that more than 6 months so called out of status can also adjust their status by paying some fine or something because
    1. Most of the employee are ignorant about this
    2. and most employers take advantage of the situation and they are the ones who should be accountable and not the employees.



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