Wednesday, June 29, 2011

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  • gk_2000
    07-12 04:10 PM
    Could anyone explain to me what this means (from aug visa bullettin):

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.





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  • Karthikthiru
    07-09 02:12 PM
    As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid





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  • lazycis
    01-10 08:52 AM
    Your status is Parolee for 1,2 and 3

    Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.





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  • u.misc
    01-21 09:58 AM
    Hi,

    My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.

    Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?

    If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.

    Please respond with your suggestions.

    Thanks a lot in advance!

    Regards
    DK


    I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).

    My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.

    I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.

    Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.



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  • acecupid
    06-26 09:42 AM
    Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.

    Maybe you are about to get your GC ;) Dude, chill out and relax... dont be so anxious over a soft LUD. It will only affect your health adversely being overly stressed out over LUDs and GC.





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  • bayarea07
    02-05 05:56 PM
    Thanks @hibworker
    Have you tried this option before.

    You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.



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  • chanduv23
    06-14 11:19 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.

    After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

    Do send your story to IV as IV ios collecting such stories





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  • frostrated
    12-01 11:22 AM
    hello folks..

    I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
    I need to go to Mexico as part of my Study program....

    I have received the change of status from USCIS..but i need to get my passport stamped..

    I have not been successful in getting an appointment in Canada....

    >>is there a wait time in any canadian consulates...for more than 2-3 days????

    >> Can i go to mexico and get the visa stamped during my stay there..is it risky???


    inputs Pleaseeeee..
    i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
    Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
    refer to the section under "Who Cannot Apply in Mexico ".



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  • perm2gc
    12-20 06:24 PM
    publish:

    "http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"

    to counter: (same article in 3 places)

    http://www.theconservativevoice.com/article/21297.html
    http://www.townhall.com/Columnists/P...ing_h-1b_visas
    http://www.humanevents.com/article.php?id=18532
    Every article will have same content.Everyone know their claims are not legitimate.





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  • vegaspd
    06-01 06:03 PM
    I received a notice from uscis

    "USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"

    Anybody has any idea what this means.


    Thank you all
    Vegaspd



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  • MTV Movie Awards 2011 Press



  • texcan
    09-14 09:41 AM
    I had my Labor go through without any issues. I haven't yet applied for 140.
    what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.

    I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?

    Thanks in advance

    My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.

    H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.

    good luck .





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  • 2011 Movie Awards: Backstage



  • nomi
    04-19 08:36 AM
    Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
    Good news is not many ROW eb3 for AUG03. Date will going to move definately.



    I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.



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  • gparr
    November 28th, 2004, 09:05 AM
    Thanks to all and welcome to dphoto Jamie
    Gary

    Is holding-up petitions in Srv Center a good news? [Archive] - Immigration Voice

    View Full Version : Is holding-up petitions in Srv Center a good news?






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  • sri1234
    01-30 08:29 AM
    :(My H1 extension got denied and the attorney filed for MTR.
    Can i work while this is under process or should i use EAD?

    The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.

    Should i be using EAD to work and abondon H1?

    Will there be any problems for 485?

    Your advise is hightly appreciated. Please help

    Thanks,
    Sri
    PD - Oct 06 EB2 - India
    I-140 approved
    I-485 filed July 07



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  • arrives at the 2011 MTV Movie



  • gcsatya
    09-07 07:46 PM
    Option 1 would be sufficient. I always select the option 1 for InfoPass in Boston.





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  • thakkarbhav
    02-07 08:45 PM
    Yes. They need atleast 3 months time to file new labor.



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  • sixburgh
    08-13 10:06 AM
    I was advised by my lawyer that entering on h1 does not affect a pending 485 AOS application.
    So I entered on H1.
    No issues encountered.





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  • Pagal
    04-06 05:48 AM
    Hello,

    IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.





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  • shishya
    11-16 11:43 PM
    Folks,
    Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.

    I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.

    I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.

    PLEASE advise.

    Thanks!





    gaz
    12-14 04:34 PM
    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.

    wow! thank you - this is really helpful.

    My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?

    Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?

    Thank you!





    gc_chahiye
    10-24 04:01 PM
    Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.

    you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...

    The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier