Saturday, June 25, 2011

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  • Gowtham Nalluri
    05-22 12:01 PM
    For all those whose PDs became current in June visa bulletin, It would be nice if most of you can hold off for about 10 days in june to file I-485 (485 may or may not include application for EAD and advance payrole), then USCIS may move the PDs further in july visa bulletin on both EB2 and EB3 to not loose visa numbers again this year.

    I-485 filing date doesn't matter while issuing the Visa Number (Even if you file I-485 on June 31st). Visa Numbers are allocated based on the priority date.




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  • anilsal
    12-25 01:32 AM
    top if the administrators can make this thread sticky. :)

    IV has really mobilized the EB immigrant community under one roof.

    I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.




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  • DSLStart
    09-08 01:09 PM
    Just tried, got connected after trying for 4/5 times. Automated response system sucks, its in different languages, but after pressing 1 (for English) still could not get the further menu.
    Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.




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  • vicky007
    10-03 06:49 PM
    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

    Isn't it done before LC filing?

    Guru's please answer this query:

    I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.



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  • sagar_nyc
    02-11 12:00 PM
    Yes My 140 was approved close to Sept 19.. Thanks


    I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.




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  • eager_immi
    04-05 08:15 AM
    if it is urgent shouldn't you consult a lawyer?



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  • chatterjie
    03-28 02:34 PM
    PD = May2004
    485FilingRcpt Date : Aug 21, 2007

    I was eagerly looking for 485 processing date to move forward
    from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
    and let the processing dates move forward.. :)

    Also, even if the visa numbers advance, I have to cross the 485 processing
    date first... is that right?
    Or, what happens if my 485 is not yet processed but the bulletin makes
    my date as current? :confused:


    Thanks and Regards,
    Chatterjie




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  • shankar_thanu
    08-03 11:11 PM
    How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?

    According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.

    When i went with infopass for some other issue back in feb I was able to get the status without issues.



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  • vinkapoor
    10-24 04:29 PM
    The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?




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  • gc2
    09-23 06:45 AM
    bump...



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  • sertasheep
    09-23 07:48 PM
    Pappu,

    Great! Thank you for the efforts. A wiki is going to be useful!!!




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  • espoir
    07-27 04:10 PM
    They would have to leave US and re-enter on H-4 visa to be on H4

    If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?



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  • TUnlimited
    09-15 09:05 PM
    We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

    My friends is answered differently. His is from TSC and mine are from NSC.

    Does any of you know what does "UNKNWON" mean and what consequences it might have.

    Yeah! What the hell does it mean? I have the same thing - UNKNOWN...




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  • zCool
    03-21 12:20 AM
    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!



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  • murali77
    06-16 12:30 AM
    Dear Friends

    I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.

    Will my 1-485 case get stuck because of this
    is it a good idea to change the name on SSN now.

    Any suggestions.

    Thanks
    Murali




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  • hary536
    05-18 07:41 PM
    Hi,
    My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.

    Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
    Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
    When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
    Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?


    If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?

    Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?

    Currently, I am working on H1B since Oct'08.
    My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?

    Anyone pls advise? I am really tensed.



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  • desi3933
    07-09 02:18 PM
    I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???

    I learned my lesson and just want to teach him something out of this as well. HELP ME here?

    Don't let your emotions cloud your judgment.




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  • GCwaitforever
    02-27 05:42 PM
    My intention is that he would join the forces to reinstate the V Visa provision. There are many permanent residents who can not bring their spouses/children here.




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  • SunnySurya
    08-03 09:42 PM
    I think thousand is over exagerated. Most people have filled their application at NSC.
    I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
    Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....




    sunny1000
    03-23 01:55 PM
    smuggymba,

    Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.

    Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.

    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)

    Good luck to you.




    GC4US
    04-02 12:30 AM
    Thanks everybody for help.

    I would have another question:

    I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.

    Could someone tell me please what to write.
    Thank you!

    And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?



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