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Friday, July 1, 2011

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  • webm
    05-13 10:54 AM
    I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
    __________________

    How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??





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  • chanduv23
    11-14 07:52 PM
    ^^^^^^^^^





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  • gc_kaavaali
    08-24 10:34 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4

    Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.





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  • natrajs
    08-21 05:36 PM
    Just Wait, Nothing You can do!



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  • jackhardy
    02-03 10:37 AM
    After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.

    I would recommend you all do the same.
    Hoping he reads at-least one of our letters and show some mercy + change!

    The address to mail is:
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Thanks!





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    April 3rd, 2005, 07:45 AM
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  • sideeque
    05-23 01:10 PM
    I got 221g pink slip from Chennai-India for Administrative Processing and still waiting for my Visa renewal stamping after 72 days.
    They informed me that they cannot give any specific timelines in which the processing will be completed.
    I did find lot of people in these same boat in different forums.





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  • vdixit
    07-23 07:29 PM
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
    THis was published sometime today. THis may answer a lot of questions people may have.



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  • desibechara
    07-20 07:36 PM
    I am keeping fingers crossed.

    The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.

    So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.

    DB





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  • kondur_007
    07-12 04:06 PM
    For Nov 2005 PD...how long before we can get GC

    Technically you have to wait till Aug 1.
    Chances are, you will get your GC sometime in early August :)
    Good Luck.



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  • mn1975
    08-17 09:25 PM
    Hello

    I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

    My status
    Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
    485 pending since more than 6 months

    Thank you





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  • aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks



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  • DSP
    09-19 12:46 PM
    Hi All,

    Please help me on this. Here is the situation:

    1. Company A First time H1B - Oct 1, 2004
    2. Company B transfer - Jan 22, 2006
    3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
    4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.

    My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?

    Please advise and pardon me for my ignorance on this.

    Thanks in advance,
    DSP





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  • eilsoe
    10-20 03:01 PM
    vts: It's that simple yes! :) I just made 2 cameras and placed them just like two eyes, then rendered each camera view...

    Really simple... :)



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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)





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  • newlab
    08-18 07:33 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.



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  • gclabor07
    08-26 10:42 AM
    Thank you both for the information. I'll recapture my 3 months spent in India as well. Hopefully, that gives me time to get I-140 processed. I'm keeping my fingers crossed about I-140 Premium Processing.





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  • sve0390
    09-29 01:52 AM
    Q : Will this affect my ability to travel?

    Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.

    Ok so no travel unless you have AP...right?

    We decided to wait until we received our I-485 notices (got them) or the AP (not yet).





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  • Anders �stberg
    February 14th, 2004, 08:39 AM
    These swans swam past each other and I had just a split second to get the shot. I got too greedy and zoomed in too far... so it's just yet another "could-have-been-good"... :mad:

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/largebirds/swans_2389.jpg





    singhsa3
    08-08 12:58 PM
    Folks,
    It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
    What can be done?





    Kodi
    05-28 11:55 AM
    I have the same question. What is the process of renewing once its already expired? Should a new application be submit? Can we do it on our own without going through a lawyer?

    Thank you



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