Monday, July 11, 2011

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  • REQUIRE_GC
    08-06 11:34 AM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats!!!!!!!!!!!!!!!!!





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  • sodh
    02-12 05:07 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?
    There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.





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  • nrakkati
    01-29 02:09 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you





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  • eb3_nepa
    07-20 09:01 PM
    Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
    I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

    I'll truly appreciate

    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.



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  • dassumi
    12-23 03:00 PM
    You can use your AP with no issues. That's the exact intent of that document.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,





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  • nashim
    12-12 11:36 AM
    What was the REF about?

    As a backup you can file new EB3 PERM



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  • ndbhatt
    12-03 06:27 PM
    Visa recapture should be projected as corrective action of wasting approved quota of visa which would otherwise have been utilize, if not for agencies inefficiency. So it is fixative action of already approved visas that went un-utilized.
    Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.





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  • Rayyan
    08-04 12:52 PM
    Please http://www.indiacgny.org/
    under Consular services----> passport----> name change.
    It is pretyy easy.
    Thx



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  • for_gc
    05-09 12:49 PM
    I will like to attend. I will be travelling from Orlando, FL. One person.





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  • miguy
    02-07 02:21 PM
    I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?

    All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
    My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
    Then you can go online and ensure that it's valid and the dates match.
    Good Luck,



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  • lostinbeta
    10-20 10:09 PM
    I don't have THAT many posts :P





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  • sundarpn
    04-14 04:45 PM
    Hey all,

    I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

    I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
    I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

    I have another new job offer (permanent) from a company in bedford, boston.

    The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:

    So Questions:
    1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.

    2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

    3. Another option I can think of is forget this offer.
    Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?

    Appreciate any opinions.



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  • sbabunle
    05-15 11:03 AM
    PD current does not gaurentee any thing...
    May be people who are short sighted may stop visiting.

    But people who are seeing the whole picture would
    definitley visit here and contribute to IV.

    good luck
    babu


    Nice to see a handsome number of PD Current ppl still visiting the site ;)





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  • arunmohan
    11-15 12:20 AM
    My designation with current job is software engineer and i am getting an offer with designation DBA.does it fall in same or similar catagory.I am switching job using AC21 rule . gurus help



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  • pkv
    04-13 05:35 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS

    Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.





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  • rajivkane
    05-21 09:52 AM
    HI!

    I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

    Some more :

    Murhy.com has following:

    "However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

    Some of the questions based on above:
    (1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
    (2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
    (3)Why only NSC requires this? Is this law or someone's whim?
    (4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

    Please guide.

    Regards,

    Raj



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  • Prashanthi
    12-03 05:13 PM
    I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.





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  • thomachan72
    11-08 03:03 PM
    regarding carrying older LCAs;
    It might never be asked. However, the only time it is asked is when you dont have it with you.
    Be prepared to carry a transparent plastic bag or so with all the documents. Its a pain but better to be careful.:(





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  • bsbawa10
    09-15 05:13 PM
    Love the idea. I will follow.





    reddymjm
    12-17 03:53 PM
    New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.

    Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.

    Always remember, get a job that is according to your LC because that is the one certified.

    It is risky.





    Munna Bhai
    01-09 12:50 PM
    which service center? You can ask your employer to ask USCIS as 140 is employer's application.

    NSC



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