Monday, June 27, 2011

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  • ImmInd
    01-12 10:13 AM
    My H1B Extn is pending at VSC since Nov 2008 and have same issue from day one. Looks like, some issues for some service centre applications via online.




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  • nixstor
    09-07 12:03 PM
    See you guys in the Great Falls Library




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  • coolpal
    03-30 05:14 PM
    Yes you can.
    The 180 day rule is to invoke AC 21 and switch employers

    pal :)




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  • tammman
    07-21 12:57 PM
    Thaks a lot, good to know there is someone out there who did this.
    So u think it shudnt be an issue.
    I moving to more or less big firm....
    So when I get the offer just make sure they know that I want to go for AC21 ? thats all ?



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  • Motivated
    11-12 03:23 PM
    Sir/Madam,

    I was able to file for 485 during the summer of 07, have an EAD but never used. I got married later, and my spouse is currently on H4. I have to maintain the H1 to support the H4. I have a very good opportunity to move up in my job - Is there a way use my EAD and still support legal stay of my spouse?

    Appreciate a response.
    Thank you.




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  • Cathy_P
    January 3rd, 2005, 09:59 PM
    Lovely!



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  • frustratedWithUSCIS
    06-06 02:52 AM
    I am pending adjustment of status but my company has recently moved me abroad. My EAD is expiring in July and AP in Oct. I am planning to travel to the states next week on my AP to file for a renewal for both.

    My concern is the fingerprinting notice for both. During my last EAD renewal or AP renewal, i was not called for a fingerprinting. Do you know under what circumstances a fingerprinting notice is given?

    Is the fingerprinting requirement for AP a new requirement?

    Most importantly, is it possible to file for both EAD and AP outside the US if my I-140 was filed/approved when I was in USA? if yes, under what circumstances?

    Thanks for your help.




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  • lazycis
    10-17 12:06 PM
    Thank you! Hopefully 8c/page is not big money for me.

    All you need is History/Documents report to check upon the status. So that's 8c per case. Opinions are free in PACER.



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  • raysaikat
    03-24 02:48 AM
    Yes.




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  • cantonsale10@gmail.com
    02-14 07:20 PM
    Hi Friends,

    I work for Company A from the year 2003 on H1-B Visa and here is my details

    Priority Date : Aug 2004 (EB3-I)
    I-140 Approved date : Jan 2007
    I-485 Filed date : July 2007
    Currently using : H1-B (8 th year running)
    EAD & AP : I have both EAD & AP but not using it at this stage.


    Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.

    Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?

    I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.

    I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.

    Have any of you moved like this and got GC ? Will there be any issues ?

    Please advise.



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  • rk2006
    04-11 02:15 PM
    Hi,

    I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

    My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

    Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

    Thanks in advance!




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  • alterego
    05-04 11:55 AM
    You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
    Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
    Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
    Good luck.



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  • slowwin
    05-20 09:04 AM
    This question is for an attorney:

    My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.

    Two issues arise now:

    a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?

    b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?

    Thanks for the help.
    slowwin




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  • GCLONGWAIT
    10-06 11:55 PM
    Bump.....



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  • BharatPremi
    09-28 02:43 PM
    Up for it. Thanks for posting though.




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  • rb_248
    06-14 03:48 PM
    As my attorney informed us of the dates being current - they are asking for this:

    Please advise on the status of removing the residency requirement
    since you can't proceed with until this is done.

    what does this mean?

    may be your attorney got confused you with another J1 client.



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  • rodnyb
    03-03 01:12 PM
    http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf

    Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000

    Solution
    The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
    Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.




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  • dreeft
    04-08 10:40 PM
    *runs through database*




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  • lazycis
    04-02 04:55 PM
    I have a question. Our files are stuck in the Chicago local office (after our interview last year) and the only thing pending is the Namecheck, which has been pending for more than 180 days. Our PD is current. Is anyone in the same position?

    It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?

    You should send a letter to local office and demand adjudication. Attach Feb 4th memo.




    raj1998
    03-06 08:34 PM
    Hi,
    I'm in H1B visa and my visa was valid until 26th October , 2012. Recently, I went Bangladesh and US embassy stamped visa until October 23, 2011. When I returned US, Immigration office issued me I-94 validity until September 23, 2011. Now how long I can stay in US?? Do I need to apply for H1B visa extension or I will go to Canada or Mexico to apply for new visa or if I go to Canada or Mexico and return back, they will issue me a new I-94 until Sep/Oct 2012. Any one please suggest what should I do?


    Your stay is legal until your I-94 specified date. You can get it resolved by INS or go out of US and reenter (which may turn out to be faster). And this time while entering make sure Immigration officer puts right date on your I-94.




    sjhugoose
    February 5th, 2004, 05:56 AM
    Just announced today is the new fujifilm S3 with its proported 12 MP sensor! It will consist of 2 "stacked" 6 MP sensors one for normal detail, one for highlights supposedly giving 4 times the dynamic range. The file output will remain 12 MP as was with the S2.

    DPR has the press release: http://www.dpreview.com/news/0402/04020503fujifilms3pro.asp

    In my opionin, it still does not sound like a real 12 MP, rather an enhanced 6 MP cause all they have done is extended DR by adding a second pixel at each photosite. Now lets see how DR is actaully affected, claims of 4x DR are pretty large and tough to live up too! If the previous camera had 4 stops of DR that would mean 16 stops now? Nothing I've seen ever had that wide a range!

    Scott



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