Friday, June 10, 2011

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  • transpass
    02-27 01:13 PM
    IMO, you should spend the money yourself instead of depending on the company for GC expenses...

    Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.

    As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...

    In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...




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  • gbadrain
    08-11 01:23 AM
    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.

    Thanks for this info.
    Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
    With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
    BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
    My background check is okay.
    The problem is with the Employer!!




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  • zico123
    04-19 08:55 PM
    My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)

    Anyone else in similar situation with any information?

    Case:
    * Regular quota (65k) Premium processing @ VSC
    * Receipt date: April 9th (via email)
    * Approved: April 15th (checked online status)
    * Lawyer received mail approval on April 18th (US Postal Mail)
    * Planning on taking Kaplan course from June - September which can be extended till Oct




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  • apahilaj
    09-12 02:29 PM
    Hello Guys,

    I was wondering if any one of you have any estimated time for FP notice from TSC?

    My 485 ND is August 27 from TSC (case originally filed at NSC on July 2nd which later got transferred to TSC) but haven't received any FP notice yet. Is TSC slower in issuing FP notice?

    Also, I believe that it may depend upon the ASC office situation as well. I am from NJ so may be Newark ASC must be "overbooked" now for FP.

    Any ideas? Thanks.



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  • bestia
    07-16 10:30 PM
    Argument:
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?

    If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.




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  • mallikonnet
    07-19 11:01 PM
    As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

    So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.

    why not. i dont see why they would not accept cuncurrent filing of I-140/I-485



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    November 20th, 2004, 05:34 AM
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  • nashim
    09-04 01:36 PM
    Attorney needs to ask for PD porting while applying new I140. Once new I140 is approved with old PD then send a interfiling letter along with a copy of new approved I140 for adjustment of the pending I485 which is based on old I140.



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  • bestia
    01-27 02:15 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.




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  • pd052009
    12-09 09:40 AM
    Anybody knows, if the visa recapture included in the dream act?
    AFAIK, Current version does NOT have visa recapture in it.



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  • chanduv23
    10-09 04:08 PM
    chandu... seems am only one visiting this thread ... lets see how many people responds ... :D

    Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.

    We have more people, it is a matter of time. Lets keep mobilizing




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  • satishku_2000
    10-17 02:00 PM
    u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.

    I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.



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  • reddy_h
    02-24 09:07 PM
    Sachin is the best!




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  • anilsal
    12-09 01:39 PM
    Now where are the members in IL? Repeated requests passed to members returns no response!



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  • indyanguy
    06-07 03:08 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.




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  • jonty_11
    02-14 03:59 PM
    This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.



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  • swamy
    12-30 01:20 AM
    about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho




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  • kaisersose
    10-15 10:15 AM
    Technology and money do not matter. But the job role and responsibilities matter.

    You need a good attorney who will accompany you to the interview if you are not clear about the job role match.




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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!




    spouse485
    01-10 05:18 PM
    Thanks so much for all the replies.
    I'm going to follow the links provided.

    Should your bank statements reflect specific minimun balance ?

    Thank you.

    does anyone have an answer




    dvvb
    03-01 01:53 PM
    My case:

    Worked with Co. A from 2000 - 2005
    Labor filed in EB3. Priority date May/2003

    Worked with Co. B from 2005 - 2008
    Co. A Labor approved in Feb 2008
    I-140 filed and approved in Mar 2008
    I-485 Filed in June 2008 as future employee

    Working with Co. C from Nov 2008 on EAD.
    Now Co. A filed for chapter 11 and closed their shop.
    Atty. from Co. C said to file AC21.

    What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?

    Anyone in similar situation or have an idea next steps.



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