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  • rb_248
    09-08 09:17 PM
    Cograts!! rb_248..

    Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:

    Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.




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  • perm2gc
    12-01 06:23 PM
    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
    hmm..its a news for me.thks for correcting me.




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  • number30
    07-26 02:12 PM
    In India 3 year grad are arts, humanities, science, management and accounting.
    while 4+ year degrees are for technology, engineering, agriculture, medicine.

    UK (some parts of europe as well) and Australia seems to have similar system in some of its university.

    even some US universities have rightly adopted the same
    fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
    Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
    Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
    The point is the content is more important than the duration.

    I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.

    I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
    U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)

    It is better to consult attorney to handle it properly.


    The issue not the three year degree But It is 16 year education or 15 year education to attain the degree. In UK it still takes 16 years education to attain the Bachelors.




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  • dj1234
    02-12 02:59 PM
    Rishikesh:

    How much time did NSC take to approve your I-131 after you submitted the RFE?

    I am in the similiar situation.

    Please reply. Thanks


    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94�s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]



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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.




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  • 90210
    05-11 01:54 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.


    Are you sure? There is a lot of confusion.

    And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?

    Can some Guru please make this clear?



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  • dilbert_cal
    07-05 03:09 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.

    If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

    However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

    To be on the safe side, it doesnt hurt to file a new labor and port your PD.




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  • GCapplicant
    10-12 04:04 PM
    I am also from NJ-I have to get FP from HAckensack-NJ thats my nearest .

    When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
    So as of now they havnt mailed...waiting for FP.
    I hope the process does not delay further beacuse of this FP...I wish they do fast.
    I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.

    Does name check start after FP?



    My ND is Sep/11.



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  • mudigondag
    05-27 12:56 PM
    Does anyone know how many days prior to expiration of EAD, we can file for extension?




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  • dehradoon
    11-13 06:08 PM
    ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

    once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

    Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.

    Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's

    So, The bottom line is if -
    I140 approved and 485 pending for more than 180.

    START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1

    THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.

    OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL



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  • ashres11
    10-12 04:16 PM
    schedule on 27th October

    R.D - 07/02
    N.D - 09/26




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  • Nil
    11-09 09:19 PM
    ^^^^



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  • sku
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    I think ?

    Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else




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  • chanduv23
    02-17 09:32 PM
    We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
    It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
    This can be followed by something like letter campaign on the lines of admin fix campaign.

    It has been tried, they are not open to talk



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  • gcisadawg
    11-09 10:32 AM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf

    If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.

    Month No of I-485 receipted
    April 2007 59,266
    May 2007 68,265
    June 2007 69,098
    July 2007 68,498
    Aug2007 116,177
    September 2007 157,062

    These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)

    If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!

    We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!

    just my $0.02!




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  • optimystic
    05-12 08:36 PM
    There are certain things that money cannot buy [for everything else there is Master card :) ].

    Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)

    It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
    I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?

    Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.


    Just saw this on cnet .

    http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top


    "The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."

    Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.

    But how to get there? Will million dollars help?

    Thats the million dollar question currently on everyone's mind I guess :D



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  • chanduv23
    02-25 10:56 PM
    Do not move to IT!
    Are you crazy?? IT is indentured servitude for some desi consultant!
    stay away.. there are already plenty of slaves..

    It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.

    There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.




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  • santb1975
    03-24 12:37 PM
    I am listening to this now




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  • like_watching_paint_dry
    08-26 11:53 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.

    :D

    I want dixie as my spokesperson.




    miguy
    03-16 08:43 AM
    hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...




    GCNirvana007
    09-08 05:11 PM
    Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
    I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.

    I am in India already, both my H1B and AP expires in few weeks. Waiting for the God damn mail to reach home so my buddy can fedex to india.

    How many have got the physical mails already?



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