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Thursday, June 9, 2011

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  • indianindian2006
    08-28 01:53 PM
    One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
    Here is the link.

    http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133





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  • vicks_don
    10-17 02:25 PM
    Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.





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  • delax
    08-23 10:38 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......





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  • jcrajput
    10-16 12:30 PM
    My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
    However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
    Thank you for your replies and interest.



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  • maddipati1
    10-16 07:55 PM
    Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.

    raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
    Even i didn't know about this until i came to US :-)

    in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)





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  • sunny1000
    10-10 01:32 AM
    the reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    rofl :):):)



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  • enthu999
    07-22 10:00 PM
    Please check my question in blue below
    looks like..becuase people travel abroad while AOS is in process.





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  • senk1s
    08-17 08:53 AM
    my case was similar, i had to produce the form for tetanus shot from ER... but dont know if the Dr enclosed that in the sealed envelope



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  • kondur_007
    04-17 05:49 PM
    they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir

    lets start the undocumented bashing party now......

    I would agree with you on this. However, a failed attempt is better than no attempt.

    Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.

    Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.





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  • pt326bc
    07-12 07:14 PM
    :confused::confused:

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    :confused:


    You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
    But confirm with you lawyer; this is not legal advice.
    Regards.



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  • TexDBoy
    02-06 03:48 PM
    I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.

    ok ...
    I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
    However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.

    I am not sure they will do that ... but just a suggestion .. I might be wrong ..





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  • Dhundhun
    06-26 02:06 PM
    EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
    But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
    I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC

    Efiling EAD does not cause LUD on I-485. Guess something else.



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  • WillIBLucky
    06-18 10:44 AM
    But, when the doctor asks you if you having any history of problems then you may have to tell him that.

    Else, you should be fine. Good Luck





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  • gonecrazyonh4
    07-20 12:20 PM
    Has anyone in this forum tried to apply for teacher certification while on H4 status?

    If so how did you finance your teacher preparation program fees?

    Are we eligible for any loan while on H4 status or is a Visa status change to F1 required for loan eligibility?

    Please respond if any of you have any information on these process.



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  • hsingh82
    04-09 05:28 PM
    Enjoy the freedom!!





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  • psychman
    11-03 11:03 AM
    Hi Kirupa. Hey, thanks for the help. Worked like a charm!



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  • jumanji4u
    02-16 09:37 AM
    Well it's true and proved here, the ideal mind is an EVIL mind. When the country was split into two in 1947, we still don't have the peace, what do you expect with so many states spiting into countries. Today we see states spiting, just to gain power and make money for the corrupt politicians. For the selfish gains you want to country to split???? Be a Indian..and stop wasting your time.





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  • immique
    04-15 10:26 AM
    I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional





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  • jliechty
    July 13th, 2006, 10:10 PM
    The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).

    Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.





    cox
    October 6th, 2005, 10:24 AM
    Have you noticed that it noticably degrades the image quality? Your little birds look pretty good, and I got a squirrel I was happy with, but these geese were not quite as sharp as I would have liked.

    Also, do you have any tips for dealing with the short focal range? Did you use binds or something for the little birds?





    ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!



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