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  • Phaedra
    05-30 06:45 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!




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  • mrdelhiite
    07-11 03:34 PM
    ^^^^^bump^^^^




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  • sanjay
    03-24 02:26 PM
    Now everything is queued..... no more cutting lines.

    No more LC substitution --- This is old news.
    No more delays in 140. --- How come? premium processing had not started yet and neither I see any news on this.

    Can you elaborate !!!!




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  • san3297
    09-04 04:39 PM
    Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.



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  • kart2007
    10-24 06:36 PM
    finally status for EAD and AP changed to " documents mailed".

    But yesterday i received a letter from USCIS related to the fax I did before.
    and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!

    waiting for EAD & AP hopefully I will get it tomorrow.

    Good luck

    But was your AP/EAD in Pending status or Approved status when you emailed the Ombdusman?




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  • valatharv
    07-15 02:39 PM
    I filed I-485 in Nov. 2007 and waiting.... :(

    Problem is I noticed that name of my father in my passport is reversed example it shows <lastName> then <FirstName>.

    But in my birth certificate it is vice versa <FirstName> then <lastName>....

    I got the RFE in July 2009 for my date of birth certificate which I have provided to USCIS mentioning father name as in my birth certificate i.e. <FirstName> then <lastName>.

    I renewed my passport in April 2010 and corrected father name, but in all the old forms before RFE, my father name shows as <lastName> then <FirstName>.

    Will it be issue, I am frustrated and worried on what to do, is it going to have major impact on my GC processing as all the forms I have submitted to USCIS and my passport have my father name as <lastName> then

    <FirstName>.

    Please suggest I am very worried...

    Thanks



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  • amulchandra
    05-10 01:22 PM
    Hi all,

    I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.

    When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).

    Did anyone get an appointment successfully ?

    The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.

    Can anyone please help me out and guide me through the process.

    Thanks in advance

    Amul




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  • bigboy007
    04-17 01:52 AM
    bumping...

    Valid question but you remember you port the labor to I140 becoz of same / similar duties . Once ported I think its same as any labor and your duties are based out of initial I140 / Labor. So You might consult a lawyer but you might hear the same



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  • gapala
    05-14 10:21 PM
    Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.

    You should be a safe - EB2.


    Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.

    arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
    could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..

    Thanks in advance.

    I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.

    1)US Advance Degree (Masters) OR Equivalent
    2) US Bachelors or Equivalent + 5 Years of progressive experience.

    3) Three out of 4 below need to be provided to classify under Exceptional ability

    ---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;

    ---- b) A license to practice the profession or certification for a particular profession or occupation;

    ---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

    ---- d) Membership in professional associations;

    ---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.




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  • sundarpn
    07-20 08:13 AM
    thx GC_ASP.

    One clarification on question:

    3. Can I file my spouses 485 whenever the dates become current (I meant despite myself working for a new employer on H1b.). Will dependent 485 filing need support from ex-employer?



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  • singhsa3
    04-30 05:11 PM
    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.

    So far I have the following rational (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.

    Facts

    1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
    2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.

    Assumptions
    1. Each labor application uses in 2.2 visas.
    2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
    3. Total BEC visas requirements 180,000*2.2= 396,000
    4. NIW applications are negligible.
    5. Retrogressed countries account for 50% of visas used.


    Calculations
    Scenario 1: Visa processing time is Zero
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
    2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
    3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521

    Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
    2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
    3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.

    What it means:
    BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.

    Conclusion:
    Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
    Last update:
    Time 11.32 AM ET , 05/01/08.




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  • ashkam
    07-24 08:27 AM
    If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

    I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.



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  • immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    No
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




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  • somegchuh
    10-26 02:56 PM
    arnet,
    So they took the original I 797 after the itnerview and mailed it back with the passport?

    Mihrid,

    they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.

    I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find

    Have a question about your NIV application? Contact the NIV unit by the following methods:
    Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
    E-mail: nivnd@state.gov
    Fax: (011-91-11) 2419-8407

    Want to contact VFS? Please use the following methods:
    VFS Helpline (Excluding Punjab): 011-4222-0000
    VFS Helpline (Punjab): 0181-504-1444
    E-mail: infodelhi@vfs-usa.co.in
    VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.

    If you are calling from outside India, please call VFS at 011-91-44-4231-6767.

    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.



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  • uma001
    04-22 03:40 PM
    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approved Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.


    How long you been working at this client?




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  • forever
    08-03 10:38 PM
    Just curious..how do you get this press release...its not yet up on their site.

    Go to Home page and click on Press Room. You can see updates for Aug, July.



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  • dpsg
    03-25 03:03 AM
    eb3_nepa,
    We should point the advantages of immigration of high-skilled professionals,
    and build a parallel source of information with "real research"... Our site
    should have even the reports which show immigration in negative light as
    long as they are from reputable impartial organizations.

    Again we can win good deal for us by not fighting idealoges as logiclife
    pointed, But By putting forward a constructive ROI for immigration
    without bias.

    << I used ROI term.. as It is most common, Although in most cases US do no investment on immigrant which becomes
    productive as soon as he/she lands..>>

    ********

    had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.

    These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.




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  • neobuddha
    10-17 06:37 PM
    Hi,
    In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.

    However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.




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  • nixstor
    03-24 02:55 PM
    Now everything is queued..... no more cutting lines.

    Dear VB,

    I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.




    anilsal
    11-09 09:17 AM
    Why don't you do I140 via premium processing?




    dixie
    09-17 11:29 AM
    What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.

    I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.

    No offence intended, no flames expected :)



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