Sunday, June 26, 2011

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  • pom
    05-17 06:13 PM
    DJ, that's a great volley! And thanks for the psd, it's real interesting. I wished everybody did the same *tears* then the world would be a better place! *sob*

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  • nchendica
    06-30 03:39 PM
    It depends mainly on your ED evaluation, and also other officer, who got your file.
    Some of them got approvals and some rejected.

    Hope for the best.


    I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).

    Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?


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  • dvb
    10-12 01:11 PM
    I'm providing updates here just for future reference for others -

    I called the local airport CBP office (even though my last port-of-entry was different), and talked to an officer there. They said that they will handle this issue as long as I can show my passport and visa information.

    Phew, that is a relief.

    Oh, btw it turns out that the one officer responsible for handling this is on vacation, so I have call again after 2 weeks to schedule an appointment.


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  • optimystic
    04-01 06:44 PM
    Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
    There maybe a public USCIS rule / procedures that would confirm what she told me.

    Q) When is the name check typically initiated
    A> Soon after receipt

    Q> Is my name check cleared.
    A> wait a moment..... yes

    I've also explained why Nebraska processing dates moved back...
    1) Transfers from Texas
    2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
    3) 180 day name check rule taking effect -- clean up old cases.
    4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).

    Now could USCIS hide behind name check now?
    Probably not for more than 180 days, because you could file a WOM and win.

    Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.

    A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.

    Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript

    She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions

    1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?

    A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.

    2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?

    A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.

    3) Can I place a Service request over the phone instead?

    A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.

    4) When do you think the Processing dates will catch up with my receipt date?

    A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !

    I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.

    But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???

    I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?

    If not then, whats the point of taking an InfoPass?


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  • unitednations
    04-23 01:04 PM
    Do you know any example of I-485 got rejected after using AC21?

    My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.


    USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.

    However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).

    USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.

    Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.

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  • Lou_Sifffer
    04-17 11:07 PM
    See, what I am getting at here is.......

    MOST employers dont give a rats tail about how you talk so as long as you can dish out good design and do it FAST!

    You most likely wont be speaking to clients, thats what Project managers and salesman are for.

    how old do you have to be to work for someone? i mean like.. say ur 14.. and ur better than someone thats older than you and u do a really good job?

    can u still go for a job and get paid?

    - Matt :mu:
    Did he ask about a specific job?

    No. There you go assuming he meant in a web company. You also assume that MOST jobs have salesmen and project managers. Not facts. Actually errors.

    Probably not a good idea to assume. Although you probably already knew that.


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  • maheshf
    01-25 09:18 AM
    Thanks Buran ..this is very helpful. I will lets school know and keep you posted with what they say.

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  • Lasantha
    06-25 01:27 PM
    What will be my status after i file my I485?

    My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).

    I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.

    So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?

    Appreciate any responses ...

    Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
    But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
    So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
    As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.


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  • paskal
    06-19 11:11 PM
    it is ok to contact any of the leaders for the update
    you can link with a neighboring chapter, right now this is an action item being coordinated by the chapters so they have the info.

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  • nixstor
    09-19 03:16 PM
    I see that currently there are 57 members and 195 guests currently. I understand that there might be people from anti immigration groups browsing through as well. Ignoring them,How about sending an online pop up message requesting the guest to register as a member and contribute if they want? I am just trying to tap those guys in who are a bit lazy or silent observers who are reticent and come out only on the day when they got their LC approved or something significant happens. We ill make it a point on the pop up that membership does matter and its not mandatory that they contribute.


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  • nozerd
    08-07 03:11 PM
    I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
    This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).

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  • ashkam
    03-18 08:27 AM
    Did you join them on H1B and then move to EAD? Did you change your I-9 form when you did that? If you didn't, as far as they are concerned, you might still be on H1B and so they might feel a need to inform the USCIS. If not, well, there really is nothing in the rule book that says they have to inform the USCIS that an EAD holder left employment.


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  • newuser
    01-24 04:38 PM
    The school is wrong on 2 accounts:

    1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.

    2. If she has an EAD, then your lawyer is right. She is not required to be on F1.

    I totally agree with what was said by she18. If your are in the last sem and don't have enough credits to be a full time student, they need to update the same in SEVIS and continue the studies.

    Best of luck

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  • shantanup
    05-06 08:58 AM
    Long time ago when I inquired at the University of Houston, they said that any person who has lived in Texas for more than a year will be considered as an in-state student. Bear in mind that this was some time in 2001-2002.


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  • amitjoey
    04-04 01:39 PM
    There is nothing wrong with anyone getting a green card but the process should be fair. There is nothing fair about getting GC within 6 months while people are waiting in line for 6- 8 years. All those who are getting in 6 months - good for them but the system should address it fairly. Its high time they look into it specially with retrogession coming into the picture.

    I agree, It is actually high time that we call our lawmakers and let them know about how broken it is. They have no clue about all of this. So yes, we need to make it fair, we need to be proactive and START CALLING OUR LAWMAKERS.

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  • pointlesswait
    05-31 09:54 AM
    in that case it ...we should have a wall of shame section & tag members...;)

    but the point is how much of micromanagement can u do on a "free" forum!

    HateIV was an extreme case..

    What happens to an employee at any company who has done something positive but has been caught abusing his colleagues a few times. He gets warned by HR first and then gets fired right.

    We have lot of things to focus on to get relief for our community and there is no reason to tolerate this behaviour towards fellow members.


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  • chanduv23
    06-20 02:16 PM
    The Forums are not secure as they are watched by anti immigrant groups. Key communications like this can only be through state chapters as the membership to the state chapters are secure. Please contact a chapter that is nearest to you. If not PM me your phone number and contact info, I can pass it on to my state chapter (IV Tri-state) and have someone contact you with information.

    This drive is Key for our issues. We need to work on this and burn the phone lines. We are very close indeed.

    You are right. Thanks for the great job in the chapter

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  • dixie
    01-24 09:10 PM
    As far as I know, starting a PERM application in itself does not amount to an intent to immigrate - it is simply a labor market test for a future position.Remember, the employer can port the LC to a different employee at a later date. I-140, however is an application to immigrate permanently to the US; hence a violation of the F1 visa. You may have a difficult time getting your I-485 approved or have to go in for consular processing. It is best you consult a lawyer on this one; don't count on random opinions on the forum for such a serious issue.

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  • GCwaitforever
    04-03 02:45 PM
    They should also allow people from Backlog Centre (PD 2001-MARCH 2005) to file 485. Looks like they really cant make any impact. How many more years to wait just to file 485 ? Oh Gosh....

    Come August, all dates will be current again and you should be able to adjust.

    10-26 10:58 AM
    I am still waiting- applied May 1 eb-2.

    06-07 07:01 PM
    Its been more than 30 days since i mailed my application and checks are not cashed yet.
    I called the uscis support center last week and was told to wait.
    Not sure how long this is going to take.
    Anyone have suggestions, my ead expires 07/15.

    Can i efile another apllication?

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