Friday, June 10, 2011

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  • vxb2004
    07-23 06:50 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
    It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.




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  • jsb
    12-16 12:41 PM
    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....




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  • cox
    June 14th, 2005, 06:51 AM
    I'm also a Conon user, and not so "big" a macro photographer as Gary( Sorry for the pun, ;) ), but I use the Canon 100mm macro, and I'm with you on wanting a longer macro. You have to get awfully close for good shots, and I think a little more length would work better for me.

    Also, on the autofocus that Gary mentioned, I like the faster autofocus on the Canon over the Sigma, not for macro, but simply because I can use it as a "normal" 100mm f/2.8, which saves me from having to carry another 100mm lens.




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  • nixstor
    10-25 06:08 PM
    I posted my comment about legal High Skilled immigration.

    See my comment #263

    I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.



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  • arunkotte
    07-18 05:51 PM
    Called again to find the same response of Denied.

    The attorney's office is trying to get in touch with USCIS and find more info.

    Meanwhile, planning to use InfoPass to meet with IO.

    Why notice to deny was not sent to me is puzzling me. No RFE's.

    I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).


    Make sure you save a copy of status showing pending today.




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  • chi_shark
    04-29 05:42 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.



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  • VSS2007
    05-28 06:48 AM
    Hi

    Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?

    Thanks,

    Yes, you can mail them in one package. But make sure Individual applications are clipped seperately with all supporting docs, photos and cheques and also have a cover letter for each application mentioning I-485 receipt number A# etc

    Thanks




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  • cr125rider
    04-16 01:59 AM
    LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D



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  • neoneo
    09-28 01:55 AM
    Obviously first point is talk to a good attorney
    but some points to remember :

    - 8K doesnt mean anything.. what matters is the % less from the expected salary.

    - Also, get the latest audited company financial docs done .

    - Remember this is for a future job, so check whether you will make that much when you get your GC.




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  • payur
    07-14 01:14 PM
    Folks,

    NSC and TSC are still processing the mid june filers cases. Please see the below link. They are slow in issuing receipts. The date you are seeing is notice dates. The receipt date are june or prior to that.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf



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  • snathan
    11-27 01:16 PM
    My situation:

    I've been given offers by two companies, A and B.
    I am currently under my F1 student visa, OPT status, my OPT started at July 2010.

    Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.

    Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.

    My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.

    I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!

    You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.




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  • summitpointe
    04-09 12:07 PM
    Planning to use AC21 Portability and work on EAD.

    If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.

    Thanks in advance for your reply.



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  • desi3933
    03-05 12:24 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?




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  • god_bless_you
    07-18 09:17 PM
    You can apply from your Wife's company for that You will be dependent and her's will be primary.
    When submitting you need to enter Alien numbers obtained from the first filing.
    The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
    Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,

    HAVING MORE OPTIONS IS ALWAYS BETTER!!



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  • maverick_s39
    01-13 06:05 PM
    hi sathweb

    Here is a link i found on immigration.com

    http://www.immigration.com/newsletter1/submemoins.html

    The last section "C. Disposition of Substitution Requests" says

    "
    If the service center determines that the substituted alien meets
    the minimum requirements set forth in the initial labor
    certification application as of the date that it was filed with the
    state employment office and the I-140 petition is otherwise
    approvable, the I-140 petition shall be approved and processed like
    any other I-140 petition. The priority date shall be the date
    which the original labor certification application was filed with
    any office within the employment service system of the DOL. See 8
    CFR 204.5(d).
    "

    This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.




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  • pappu
    04-10 12:02 PM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • gcdreamer05
    11-19 10:51 AM
    I think USPS does not forward mails when the mail says "return service requested" .

    Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.




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  • whoever
    01-22 12:24 PM
    like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?




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  • lacrossegc
    07-30 04:54 PM
    It seems that USCIS posted new versions of I765 dated (07/30/2007)N.
    Looks like it is a required form and older versions are not accepted....!!!!!
    :mad: :mad: :mad: :mad:

    Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms

    Filing Fee :
    $340
    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.




    meridiani.planum
    03-10 08:21 PM
    Hi,

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


    Please adivse.

    Thanks and Regards

    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...




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    July 14th, 2006, 01:44 PM
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