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Friday, July 1, 2011

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  • pappu
    03-15 08:48 PM
    You may consider filing a lawsuit for delays. Talk to a good litigation lawyer.

    Read my earlier post

    http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8





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  • snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.





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  • sgudge
    02-12 05:37 PM
    My mother recently got a tourist visa for 10 years. I know that when she enters USA she will get I-94 which will be valid for 6 months, and she has to go back before the I-94 expires. My question is:

    1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
    Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?

    According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?


    2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
    Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?

    Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.





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  • ns521
    01-09 03:41 PM
    Receipting update is just a reference.
    My applications reached NSC 6 months ago on July 9th.
    I have no receipts and checks were not cashed.
    As per IO's my name is not in the system.

    Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).

    Good luck!

    Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???



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  • uppaji
    10-27 03:28 PM
    Hi,
    My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
    Please suggest.





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  • KLKJ
    06-16 06:26 PM
    I' am new here and find it hard to find my way through the "post all you want wherever you want":) feel that this forum gives me.
    Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
    I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.

    Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).

    I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
    Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D

    The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)

    That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
    Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?



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  • Hfour
    07-07 03:26 AM
    Hope this info helps.

    Hi ameryki, this is probably what she was referring to in QUESTION #2.

    http://immigrationvoice.org/forum/all-other-green-card-issues/115421-very-important-new-traps-aliens-filing-green-card.html





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  • hkancharla
    11-06 09:37 AM
    Even i had two LUD on my 485. One on my fingerprints day other after two days of my fingerprints. Do some one know what that two LUD's?

    I know one is for Fingerprints recived and what about other?

    My PD is May 2002, Recived EAD, FP but no AP



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  • unseenguy
    06-22 07:30 PM
    USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 ‘Regular’ cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

    As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.

    More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)

    USCIS financial loss:

    cap : 65000 (minus chile, singapore 6800) = 58200

    cap count : 47,700 (max) , 44,400 (min)

    H1B filing fees: 2320 USD per application

    shortfall : 24,360,000 (min) , 32,016,000 (max)

    Assuming 15% premium processing 1000*1000 = 1,000,000

    Total shortfall for new applications : 25 million USD. (min)

    Also since I have 2 year EAD now, I may not renew my H1 this november. I am sure, L1, H1 extensions etc are having similar revenue impact.





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  • sath2000
    07-17 04:46 PM
    Hi,
    I posted the same information on FREE answers to questions from an Immigration Lawyer.

    Here is my issue regarding the PD.

    My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.

    In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.

    At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.


    thank you



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  • kumarc123
    03-24 04:04 PM
    Well they may created it new but the content is old and system needs to be fixed.

    You are right, the million dollar question is, when will they fix the system?





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  • Saun
    09-15 09:37 PM
    Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.

    I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise



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  • ras
    07-19 09:27 AM
    May not be exactly what you are looking but will get some info through the following threads

    http://immigrationvoice.org/forum/showthread.php?t=19347

    http://immigrationvoice.org/forum/showthread.php?t=20271

    follow the links in them as well so that you may find something useful





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  • gc28262
    03-09 08:47 PM
    bump



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  • dog123
    01-11 03:50 PM
    Hi,

    My Priority date is May 02 2007.

    I file 485 and 140 in August.

    My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

    Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

    Thank you,
    Rashesh





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  • illinois_alum
    11-01 02:59 PM
    Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.

    Here's my situation: -
    1. I have been on H1 status for the past 6+ years.
    2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
    3. My wife's H4 renewal petition has also been approved.
    4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
    5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
    6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.

    At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?

    Thanks



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  • dan19
    09-07 08:12 PM
    Below is the message She gets from Fedex when she tracks the package.
    Is it normal?

    Sep 6, 2006 10:52 AM Delivered WILLISTON, VT
    9:44 AM Delivery exception WILLISTON, VT
    Rerouted to revised delivery address
    9:44 AM Held at FedEx location for recipient pickup WILLISTON, VT
    Package available for pickup at: 921 MARSHALL AVE





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  • velan
    04-30 10:35 AM
    Good find.





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  • alterego
    07-06 04:56 PM
    Everyone knows they are behind in their receipting at this time. They have channeled all resources at this time to the 485 petitions.

    So much so that they suspended PPS for 140s, they don't want new 485s, even EAD/AP applications are being unduely delayed. Beyond their service commitment times with no reasons.

    I think they expect to get back to normal receipting by the dates given.





    satishku_2000
    06-04 08:26 PM
    I got the same kind of RFE , but the wage paid to me is much more than the proferred wage all along . But USCIS wants my company to prove that they have the ability to pay all the pending 140s .. Do you guys think I am Safe?





    sagittarian
    08-30 10:02 AM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)



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