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Thursday, June 9, 2011

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  • ppt.b
    07-10 09:58 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases

    Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!





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  • gbof
    05-10 08:58 PM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    That is a good thing... Anyway, this evening i got mail (n txt msg too) for my approval/card production. It took exact4-wks. I hope to get it by weekend and really wish this to be the last one and GC to come my way by this fall.





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  • belmontboy
    11-18 06:20 PM
    It�s been long since I got head ache..but today I had every reason to get.

    I tried taking an appointment for h1B for December. Here is my experience�

    1. After entering the receipt details it took me to available dates calendar. In this screen there was no option to pick an specific date for appointment. This screen was same as the screen we get when we check for available date without entering receipt number.
    2. I pressed �Continue� and it later took me to DS156.
    3. Filled the form and it took me to screen which displayed my name against a check box with 3 option. The screen says..�select the form to edit/complete..� 3 options I can see are DS156,DS157 and petition details. No matter how many times I edit the information I can�t get the choice to pick the appointment date. Basically I have filled up the form without knowing the appointment date.
    4. If I try to download the appointment letter it says..�You cannot download until you specify courier address��.

    Has anyone experience similar problem�?? Any work around�.??

    Any help is greatly appreciated�thanks in advance�

    You have to submit.
    Once you submit, you will be able to choose dates.





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    07-22 11:09 AM
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  • mars
    08-17 02:49 PM
    Hi,

    When we apply for H1 Extension we need to get an approval from DOL before posting( Earlier it used be online and from july 1 2009 this cannot be approved online).

    It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL)
    regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)

    As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..

    could some one please provide more details reg this...

    mars..





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  • ragz4u
    02-24 01:31 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?



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  • ita
    11-29 03:11 PM
    Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.

    FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.


    I changed my address online and confirmed my address with cSR.
    I didn't send AR-11 form though.
    I didn't get any confirmation mail for address change to the new address..

    Is this fine?
    Please advice.

    Thank you





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  • vkxml
    11-01 11:19 AM
    I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
    I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.

    God bless u; I have asking them for a Service Request. They do not want to raise any Service Request and asked me to wait.

    - VK~XML.



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  • sku
    12-31 12:43 AM
    Bump





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  • caforum2
    08-24 02:08 PM
    I have similar situation and not sure whether I will be able to apply for H1B revalidation..

    I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left



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  • zuhail
    05-28 10:33 AM
    All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf

    From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)

    1. USCIS Update on Pending Employment-Based I-485s
    �MurthyDotCom
    The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
    �MurthyDotCom

    Background on USCIS Charts on EB I-485s
    �MurthyDotCom
    The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
    �MurthyDotCom

    Current USCIS I-485 Charts and Usage of Immigrant Visas
    �MurthyDotCom
    The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
    �MurthyDotCom

    Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
    �MurthyDotCom

    The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
    �MurthyDotCom

    EB2 Analysis and Backlogs for India and China
    �MurthyDotCom
    In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
    �MurthyDotCom

    This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
    �MurthyDotCom

    When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
    �MurthyDotCom

    Thousands of LC Filings in March 2005

    The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
    �MurthyDotCom

    EB3 Analysis and Maximum Pending EB3s for Indians
    �MurthyDotCom
    The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
    �MurthyDotCom

    There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
    �MurthyDotCom

    Conclusion
    �MurthyDotCom
    These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
    �MurthyDotCom

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved





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  • simple1
    10-26 05:59 PM
    I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.

    I think.
    short term (arround 30 days) - may be ok.
    vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.

    I fully agree with mcq except for duration part.

    Here's how I see it.

    If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

    Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

    so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

    one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

    Hope that helps

    McQ



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  • nshalady
    08-26 01:20 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    Hi everyone:


    I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.

    What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.





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  • YesWeWillGet
    09-09 06:42 AM
    One of my friend was successful porting his May 2004 priority dated EB3 to EB2. The entire porting process took three months for him to obtain Perm based LC and I-140 approvals.



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  • GCBy3000
    07-21 03:56 PM
    Hi,

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.

    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help





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  • InTheMoment
    03-02 01:17 PM
    H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!

    What with the UK docs coming to the US...I know for a fact that competition has increased



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  • rsayed
    05-06 12:40 PM
    I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.

    My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?

    I am assuming 2 years. Am I correct ?

    I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.

    Is the situation that exists today any different than it was in year 2000 or 2001 ?

    Any comments will be greatly appreciated.

    Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.

    Expect to wait for a long time...





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  • pappu
    09-19 07:12 AM
    If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
    Thanks gg_ny for the tips and mails. we will be contacting you for help.

    We are also looking for professors in universities that are retrogressed. This is one section that has not been covered much in the media.





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  • GC_Govinda
    10-15 09:56 AM
    Hello Gurus,
    I am EB3 India with PD September 2002.

    After all these years of endless waiting I am called for
    an interview at the local office in Philadelphia
    in Nov 26th 2007.

    Here are my details:
    Labour Applied: September 2002
    Labour approved: September 2003
    I-140/I-485 Applied: April 2004
    I-140 Pproved: August 2004
    Got married: August 2005
    Applied I-485 for Wife: June 2007
    Current Status of Wife: H1-B
    Countelss EADs and APs for me and a recent EAD approval
    for my wife with her AP still pending and status is still H1-B.

    In the beginning of this year, I resigned from the
    company who was the original sponsorer of my GC.
    I then started contracting on hourly basis and worked for
    a decent hourly rate for the first half of this year.
    Finally I got a full time offer with decent salary and
    benefits and took the job. I started working for this
    job - remotely and also took up another contracting job
    on an hourly basis (Got greedy as I waited too long :-))
    and started working on both these jobs.
    The point is - it is a different technology and not even
    remotely connected to my original job where my Labour
    cert was applied and approved. I was a developer
    back then and with all the experience, I couldn't
    continue as the pay was too low and no growth at all.

    I can have a letter of future employment that
    states that I have on offer in the same technology
    in which my original labour was applied and approved
    and that is not a problem at all.

    Please advise me on how to go about it. I can
    afford to pay and take the best attorney with me
    to the interview - some one who is very well known in
    the Philadelphia area.

    Any inputs/advise are really appreciated.

    IMP: Icing on the cake - my PD was mentioned wrong in
    the interview notice - it says april 2004 !!
    That was when my i-140 was applied and not labour.
    My labour was applied in September 2002 !!!
    Advise on this is also appreciated.

    Thanks a lot.





    vin13
    04-16 10:23 AM
    Hello Attorney,

    My wife received a RFE on her I-485 for missing medical test (TB test).
    The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.

    Can we request an extension of time to reply to RFE based on hardship?
    We just need one more month to comply with RFE.

    Does USCIS normally provide extension for situations like the one above?
    I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.

    Thanks in advance,
    GCisaDawg


    Can you not ask your wife to fly back early? Is there a genuine hardship.

    When we had our fingerprint appointment and my wife was out of town, the attorneys said it is better not to reschedule. So she flew in before the appointment just to get the fingerprints done on time.





    IAspire
    02-21 10:17 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.