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3. Internal memo in USCIS not made public about holding visas for EB3 India etc.

Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -

The question is who has the answer, other than the people at uscis that dont want us to know?

I dont understand any of the EB3 not moving it is the beginning of the fiscal year, they should be moving forward not be stuck....
Are we going to have another July 2007 fiasco?

Following are the answers to your questions. :)

I have a question for you too: How are you contributing to Immigrationvoice?

Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
You are on H1 unless you request your employer to update your I-9 with EAD.
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time limit.
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
You can renew your passport in US and following are the links for Indian Consulates in USA.
Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
Consulate General of India, Houston, USA http://www.cgihouston.org/
Consulate General of India, New York, USA http://www.indiacgny.org/
Consulate General of India, San Fransisco, USA http://www.cgisf.org/


Thank you very much in advance.

Anci.

Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

Why you want to mad on him, What is there to become mad on him.

Sorry admin, I got mad at this guy.

You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.

How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?

There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

This happened in early 2007.

______________________
Not a legal advice

could you be more specific..

If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?

You cannot use your Priority date if it is denied.

Dear Attornies,experts

My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

Is there anyway of taking advantage of the old priority date application that was denied with a new application.

I almost lost 2 years in priority date because of this denial...

Please suggest...

You are a line jumper. Get out of here..:mad:


Line jumpers will pay he price later. USICS will be very tough in dealing the substitution LC..........desi employer are just making money by telling sweet words and attorneys are doing the lip service.

I am forwarding all the emails to USICS ,which i am getting from the employers who are trying to sell the LCs to me .

The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.

Then why do these people keep updating monthly processing dates if they cannot stick to their words.

I believe the processing times are just a gimmick to show progress to press....:mad:

Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.

ImmigratoinVoice does not have a entry in wikipedia. I think we should create this entry. And put as much information as possible. It will help us getting more people

1. In case of foreign currency payment, u can always walk to airline's kiosk in nearest airport and make a payment using any CC in USD.

2. Different travel sites have quota from airlines and they show different route/sector for different $$, so no one is best at all times!

2. Use aggregation search site like http://www.mobissimo.com to find best deals!

I feel there is no better country than India in the long run..believe me!!!

That's very true but the fact that you will no longer be tied to one employer/career and can freely move around the industry to find that dream job is worth much more than EAD fee, unless ofcourse you already have that dream job. :rolleyes:

This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).

Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:

We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml

US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm

I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

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E-Mail Subject

Delay and concerns about USCIS processing time updates

E-Mail Text

Dear [Name of your local representative]:

I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

Thank you,
[Your Name]

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Please let me know if anything else needs to be added to the e-mail text.

Thanks.

And on the top of that giving red flags.

One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks

Hope admins are competent enough to notice it.

She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.

Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)

My lawyer has told me that the 180 days is from the receipt date i.e. August 3rd in your case.

easy way out :) mexico to san diego

I traveled- chicago-frankfurt-bangalore- H1B extended but visa stamp expired. No one asked anything while going.
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).