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Thursday, August 11, 2011

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  • rvendra
    05-19 05:07 PM
    I have tried all the options including Infopass, congressional enquiry, Ombudsman numerous services requests still saying background check is pending.
    I am in the impression that background check is only related security check. Some senior member elaborate what it is.
    How many people still struck up in this background check.





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  • raysaikat
    05-30 01:22 PM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P

    The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.

    Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.





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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.





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  • damialok
    03-26 01:48 PM
    Vancouver takes around 4 business days to give your passport with Visa stamped on it. My cousin went in 2 weeks back and he had to extend his stay for 4 more days. So plan ahead.
    Actually they say it might even take 5 days too but thats unlikely.



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  • rock
    03-14 06:01 PM
    Is there any way we can track that I-140 is either revoked or not by the old employer?





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  • conchshell
    07-30 12:04 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?



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  • texcan
    02-26 11:09 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

    I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
    if your pass out date is beyond that date you have to get a masters.

    Solutions, not sure how well it can work at this time; but get a masters in PT.
    Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).





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  • whiteStallion
    07-16 05:07 PM
    i don't see july processing times...it still shows june times.

    Me too...it was posted 15th of June... This is not the July one :p



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  • somegchuh
    10-26 02:56 PM
    arnet,
    So they took the original I 797 after the itnerview and mailed it back with the passport?

    Mihrid,

    they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.

    I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find

    Have a question about your NIV application? Contact the NIV unit by the following methods:
    Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
    E-mail: nivnd@state.gov
    Fax: (011-91-11) 2419-8407

    Want to contact VFS? Please use the following methods:
    VFS Helpline (Excluding Punjab): 011-4222-0000
    VFS Helpline (Punjab): 0181-504-1444
    E-mail: infodelhi@vfs-usa.co.in
    VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.

    If you are calling from outside India, please call VFS at 011-91-44-4231-6767.

    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.





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  • belmontboy
    12-10 03:10 PM
    The anonymous reputation system is prone to abuse.
    People sometimes use derogatory language. It would be great if the names are also published along with ratings.



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  • pasupuleti
    02-13 05:04 PM
    We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.





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  • capriol
    01-26 07:19 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.



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  • crazyghoda
    01-21 01:26 PM
    You have absolutely nothing to worry about. I left one job on Nov 24th and joined my next on Dec 6th (almost 2 weeks). I willingly took a break since I was moving to a new city and needed time to check out neighborhoods and find a new apartment, etc.
    If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.





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  • bbct
    02-11 08:05 PM
    http://www.thedegreepeople.com/eb-petition.html

    So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.

    I get a message "Remote submissions are not allowed."



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  • prinive
    03-27 11:20 AM
    Any one... good news on the way in 48 hours... Any one...:rolleyes:





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  • ksrk
    08-21 07:40 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks

    Not sure of terminology here, but some companies have policies to "go after" employees who leave immediately after getting their employment-based permanent residence. God knows there may be a law that allows the company to sue you for your "intent" of staying with the company for the sole purpose of getting your green card and not because you have a vested interest in doing your job for the company.
    While these policies/laws allow for the employee to leave the company after a "reasonable" amount of time (usually six months), if, however, the employee leaves the company within that timeframe, the company has good cause to argue that the employee had an intent of leaving the company from the beginning right after s/he obtained employment-based permanent residence.

    Not sure how much sense this made - the law is kinda fuzzy here, AFAIK. As is good with such matters, get professional advice from a good immigration attorney about what you need to do - always worth the money; the risk is not.



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  • sanju_dba
    09-15 09:48 AM
    This is a great idea. I would suggest that rather than saying we will collect $200K every month and distribute $100K as prize money. We can just distribute 50% total collection as prize money.

    Yes, that works even better when the tickets sold is + or - to the target mark.





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  • amsh
    08-21 05:23 PM
    I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .

    My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
    And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.

    I have two questions
    1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .

    2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?

    Best regards and thanks for helping !





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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.





    njboy
    07-26 10:38 AM
    pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.





    redcard
    12-19 12:53 PM
    redcard and igcard, why don't you guys just fuck off?

    Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend



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