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Chances for an audit are 95%:(

How u know that the chances are 95%? Why can't it be 5%? :D

I guess u can apply seperately as each one holds individual H1 status

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I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?

The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.

Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

What can we expect next?
Dates would move forward depending on the increase in numbers.

What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.


What will happen to the “Rest of the World” category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.

What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP


Great Answers Logiclife. A lot of us think that by passing the skil bill etc our problems will be over. While this bill or provision is very critical for ending retrogression we have a few other issues at hand in order to make the green card process smooth for our members. getting the bill passed is our first and important task. BTW FYI, it was due to IV's efforts the hard country cap for the EB category was removed from the CIR bill. With hard country caps, EB immigrants especially from India and China would have been still retrogressed. We will have to work hard again when the new bill comes up and look for any such provisons like hard country quota that may hurt us.

what he said.

awesome links dan, you'll be getting some messages from me on AIM, heh

Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

Hello,
I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry

There is nothing wrong with the OP's question. The response from couple of wiseguys is jsut flat out annoying. My only concern with the cruise is to wait for a while until the economy rebounds.

This is how it works.

DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.

As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.

We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.

In short, continue to expect the same pattern of erratic movement.

Hi,

I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

I would highly appreciate the replies.

Thanks.

Hi......Can any of the lawyers please shed some light on this?

Congrats! vempati...

Guys, any update on receipts whose I-140 is approved at NSC and (R.MICKELS, 9:01, July 2nd)... I am still waiting on mine...

I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�

Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

http://www.dps.state.ok.us/


Why dont you check with attorney and take them to court. Just getting/being angry wont help.

Hi,

My friend is in a unique situation and needs help. Please guide him with his queries.

**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

We didn't specify about GC labor on H1B/I-94 extension petition.

My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********

Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.

It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.


It not a computer glitch for sure. As the explanation goes like this:

we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.

...
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?

My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.

Still waiting - 06/05/2011 NSC

:)
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.

Poor fellow - Polls got created in his name :rolleyes:

what are our chances if the Dream Act does not pass? Dream is #7 on the list.

Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years

Thanks to all of you for your help