Friday, June 24, 2011

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  • buffbloke
    02-27 11:07 AM
    Hi!
    One of my friends H1 was denied recently for not having Masters.
    Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
    Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!

    I guess only option at this point to appeal and go back to school and get Masters!





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  • vxg
    08-31 11:52 AM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

    I am like you, filed in Aug 2007, did first FP in Nov 2007 no second FP notice yet. I checked with my lawyer and several forums and response i got was that FP expires in 15 months and generally USCIS issues second FP notice when they are very close to approving your case. I called TSC and got a nice IO who told me that my FP did expire and he is issuing a request to send me FP notice and i should get one in 30 days. Not sure how it will go but i have heard that IO can approve your case even if FP expired and request FP after approval but before cards are sent.





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  • villamonte6100
    06-27 09:48 AM
    I have I140 approval notice, Where can I see the A#?

    It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.

    Even my lawyer could not remember where my A# came from and I pointed it out to her.

    Some people say, they didn't get it. I'm not really sure.

    Please check your I140 approval.





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  • gc_chahiye
    02-17 09:43 PM
    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

    you can get back to H1 status, it might involve:
    - filing a H1 petition (you wont be counted agianst hte quota)
    - leaving US and coming back in, to "Activate" the h1.



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  • glus
    09-15 02:48 PM
    I can see it. Refresh your browser

    Thanks inskrish for the news.

    Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

    Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???

    I understand your frustration. However, it just means that the are "processing" those applications. That being said, does not mean they will approve them, but will perform the initial processing of those applications. Then, the applications go back to a "waiting line" for their PDs to become current. This is why sometimes some I485s get approved right after their PDs become current(within days). This is because some of them are pre-processed. This is what the Processing Dates mean on the USCIS website. It means "being processed". I hope this makes sense.





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  • seekerofpeace
    09-11 10:11 PM
    1 approved one pending so I voted. Actually I can vote for both "The approved" and "Awaiting Approval" polls...isn't that great....:(

    SoP



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  • vijse
    12-14 08:20 PM
    I just realised that there is the wrong expiration date on my i-94 when I came back from a visit to India in Feb 2006.
    The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.

    My visa in my passport has also expired in April 2006.
    My company is filing for 1485 and the lawyer just noticed it .

    What are my options ?





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  • priti8888
    01-08 06:02 PM
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.

    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.



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  • desi3933
    05-11 05:11 PM
    Hello Attorney,

    About Myself:
    =============
    Myself EB2 Mar-06 now in I485.
    deeply concerned about the current retrogression of eb2 priority date to 2000.

    Background:
    ===========
    Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

    However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
    Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

    The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    Question:
    =========
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified ? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.

    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • Anysia
    02-28 05:40 AM
    Hi!
    One of my friends H1 was denied recently for not having Masters.
    Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
    Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!

    I guess only option at this point to appeal and go back to school and get Masters!

    You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.

    To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.

    I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.



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  • karanp25
    07-30 05:48 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.

    I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.

    Primary applicant's first.. dependents later.

    Any one got approval for their dependents yet?





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  • roseball
    11-19 12:45 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .


    This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....



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  • thepaew
    11-09 03:37 PM
    Bump





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  • Dakshini R. Sen
    06-25 11:12 PM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...

    The RFE on the H1 will not have a negative effect on the GC as long as the employer and the job offer are legitimate. Yes, you can premium process your I-140. Effective June 29, 2009, USCIS will resume Premium Processing Service for I-140 forms.

    Dakshini R. Sen,
    Attorney at Law
    212-242-1677
    713-278-1677



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  • vjkypally
    07-26 02:09 PM
    This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.





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  • GCScrewed
    07-12 10:47 AM
    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.

    Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:



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  • izolo
    06-07 06:26 AM
    first sorry for multiple posting, it was by mistake as it was the first time posting. then thanks for the answers. Of course it is a real job with real payment, just remember my application goes back to 3 years ago and and I finally got it with lots of efforts to keep this opportunity. I never thought they might give the visa just for 3 months. now I have to think about all options. Does anybody have any other suggestion?





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  • aj_jadeja
    02-08 12:11 PM
    Also as I understand AMSTREDAM does not require transit visa? is it true?

    TRUE





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  • redelite
    08-26 10:07 AM
    I want a smug smiley.

    Also, the 'mad' one, :m: looks more like a steaming bun than an angry face ; )

    I made this one the other day and put it up..http://www.kirupa.com/forum/attachment.php?attachmentid=47648&stc=1&d=1219355088

    Not sure if that's quite what your looking for... but he's pretty angry :P





    amslonewolf
    01-26 11:52 AM
    This is an important step zero. I am sure Reid will push this through in the Senate.

    But in this congress it's all about what the House does.. Need to see the House version of this bill..





    rameshvaid
    07-02 09:05 PM
    Thanks! Will I be out of status immediately? How much time do I have to leave the country?

    If you file for MTR with in 30 days you should be fine till the case is adjucated.

    As long as MTR is filed u r not out of status.

    Good Luck..

    RV



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