Friday, June 10, 2011

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  • noone2day78
    07-19 08:58 AM
    Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
    Hi Pappu,

    I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.

    I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...

    If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?





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  • mmanurker
    10-03 04:28 PM
    I e-filed AP(I-131) and mailed the supporting docs 2-3 weeks after filing...
    so far no RFE or Approval....
    Supporting docs I sent:

    Confirmation receipt
    Copy of i485 Receipt notice
    2 recent color photos
    Copy of Drivers License
    Copy of Passport
    Copy of previous approved AP and
    Current i94 copy





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  • puzon23
    02-12 11:40 AM
    Yeah, I would have liked to apply a year ago but at that time my employer and I had a different arragnment. Anyway, Hellomms, you are talking about me getting H1B extended but to do all that I have to submit my PERM application first and I really think it will be difficult to even get through the recruitment process at this time. DOL is already talking about watching more carefully and many EB2 cases get audited regardless. Anyway, givien the details I gave in my first post, what would you guys advise, go to Canada and reset the H1B clock or try to force PERM now?

    Please advise! Thanks!





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  • MightyIndian
    10-04 11:02 PM
    see my signature



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  • reverendflash
    10-21 04:05 AM
    graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:

    But I digress, I'm a little testy due to the Giants' loss tonite... :evil:

    Rev:elderly:





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  • garga
    12-06 10:34 PM
    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .



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  • pmb76
    07-17 07:00 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

    Below is a rough checklist I prepared for myself:

    1. Six Photographs with name on back in pencil. YES

    2. Copy of Birth Certificate with affidavits from Parents. YES

    3. Checks for Filing fees. YES

    4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

    5. Color Copies of passports. YES

    6. Copy of I-94 both sides. YES

    7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

    8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

    9. Medical examination Report. YES

    11. Letter of Employment. YES

    12. Copy of EAD and EAD application receipt. YES

    13. Bank statement. YES





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  • ganesha
    09-04 01:32 PM
    I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....


    Folks;

    I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.

    Here is the content:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Also I as the primary applicant only received the mail...my wife's status is still unchanged...

    Best,

    SoP



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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!





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  • sparklinks
    04-09 03:59 PM
    Hello,

    This is my status.

    I 140 � Approved in 2006 and have a copy.
    I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
    Perm Labor � Have perm labor approval copy.

    Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

    I would like to send AC21 job change info to USCIS my self.

    Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

    And also advice if anyone used new attorney only for AC21.

    Thanks.

    One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?



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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...

    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.





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  • GC_1000Watt
    08-05 03:42 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)

    Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
    Also did you submitted H1B fees diff. of new and old fee duting the visa interview?



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  • gc_chahiye
    02-11 01:28 AM
    Also, there is no way that they can reduce the backlog if they end up waiting for the PDs to be current.

    I think you missed the point: if no PD is current, then there are no backlogs.
    If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...





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  • perm2gc
    06-20 12:09 AM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote
    he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.



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  • ramboom1
    03-28 07:55 AM
    I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
    Virtual,

    That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.

    best,
    Berkeleybee





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  • Ramba
    07-06 12:51 PM
    The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.

    If they recapture from 1994 to 2006, then we will get 216,000 EB visas.



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  • brandon
    July 18th, 2004, 04:33 PM
    Thanks. I was a little disappointed that the purple edges did not show up well in the original photo. That makes a big difference.


    Some reactions:
    On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.

    I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.

    Hope you don't mind me adjusting and reposting your images.

    Gary





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  • Ishay
    03-30 02:46 PM
    My relatives, will be visiting from India. I cannot find anywhere what supported documents are required alongwith DS-160 during the time of interview.
    Can someone tell me if this old list of supported documents still holds for the new format for visitor visa.
    USA Visitor Visa - Sponsor Documents (http://www..com/visas/visitor/sponsordocs.html)
    Thanks





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  • andycool
    07-15 05:24 PM
    hello ,

    I filed a address change on line , 10 days back no LUD on any of my forms

    EAD, 131 and I 485 , i know that USCIS should send a mail conforming the

    same How long will it take to get this mail


    thanks





    thomachan72
    11-06 05:02 PM
    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

    #2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

    #4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.

    #5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.

    In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.





    Rinsha
    02-26 07:31 PM
    Came across this article:

    Title: U.S. Immigration Reform Bill Could Pass by July

    http://www2.csoonline.com/blog_view.html?CID=29025
    Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?

    Thanks



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